- 1 - HC-KAR NC: 2026:KHC:14343 MFA No. 9048 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO.9048 OF 2025 (CPC) BETWEEN: H.G. MADHAVA, S/O LATE H.K. GANAPATHI GOWDA AGED ABOUT 72 YEARS, R/AT K. KELAGOOR AT AND POST, VIA BALEHOL, KALASA TALUK, CHIKKAMAGALURU DISTRICT-577101. …APPELLANT (BY SRI GIRISH B. BALADARE, ADVOCATE) AND: H.G. KESHAVA, S/O LATE H.K. GANAPATHI GOWDA, AGED ABOUT 72 YEARS, R/AT K. KELAGOOR AT AND POST, VIA BALEHOL, KALASA TALUK, CHIKKAMAGALURU DISTRICT-577101. …RESPONDENT (BY SRI KRISHNA S. VYAS, ADVOCATE FOR C/RESPONDENT) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 25.11.2025 PASSED ON I.A.NO.10 IN O.S.NO.2/2025 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MUDIGERE, DISMISSING THE I.A.NO.10 FILED U/O.39 RULE 1 AND 2 OF CPC, 1908. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14343 MFA No. 9048 of 2025 ORAL JUDGMENT Learned counsel for the appellant has filed a memo for withdrawal, which reads as under: “The Counsel for the Appellant, respectfully submits that, this Hon’ble Court may be pleased to permit the appellant to withdraw the appeal has not pressed with liberty to file the fresh application before the Trial Court under Order 39 Rule 1 and 2 of CPC by mentioning the property schedule of the property in which the appellant is in peaceful possession and enjoyment of the property. All the contentions urged by both the parties are kept open for adjudicating the application by the Trial court in the interest of justice and equity.” 2. Learned counsel for the respondent has no objection to allow the ‘memo for withdrawal’ with liberty as prayed for. 3. The submission is recorded. 4. In light of the memo filed, the appeal is dismissed as withdrawn with liberty as prayed for. Sd/- _____________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 40