- 1 - HC-KAR NC: 2026:KHC:14037 MFA No. 477 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO. 477 OF 2026 (CPC) BETWEEN: 1. SRI R KEMPARAJU S/O LATE RAMAIAH AND HONNAGANGAMMA, AGED ABOUT 69 YEARS, 2. SMT. PADMAVATHI, D/O LATE RAMAIAH AND HONNAGANGAMMA, AGED ABOUT 75 YEARS, BOTH ARE RESIDING AT NO.8, 7TH CROSS, 1ST MAIN, SRIKANTESHWARA NAGAR, MAHALAKSHMI LAYOUT, BENGALURU - 560096. …APPELLANTS (BY SRI. ROOPESHA B.,ADVOCATE) AND: SRI RANGASHAMAIAH S/O LATE GANGARAMAIAH, AGED ABOUT 71 YEARS, R/AT NO.9, LAKSHMINAGARA, KEC COLONY, 3RD PHASE, KAMALANAGARA, WEST OF CHORD ROAD, BENGALURU - 560079. AND ALSO R/AT DEVAGANAHALLI, KENGAL HAMLET, SOMPURA HOBLI, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14037 MFA No. 477 of 2026 NELAMANGALA TALUK, BENGALURU RURAL DISTRICT. …RESPONDENT (BY SRI. P.M. SIDDAMALLAPPA., ADVOCATE) THIS MFA IS FILED UNDER ORDER 43 RULE 1(R) OF THE CODE OF CIVIL PROCEDURE AGAINST THE ORDER DATED 10.11.2025 PASSED ON I.A.NO.II IN OS.NO. 859/2022 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA, REJECTING THE I.A.NO.II FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC. THIS MFA, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT A memo has been filed seeking withdrawal of the appeal, which reads as under; MEMO FOR WITHDRAWAL The appellants in the above appeal submit that, the appellants have challenged the order dated: 10/11/2025 passed on I.A.No.2 filed under Order 39 Rule 1 and 2 of CPC. The appellants pray that this Hon'ble court may be pleased to permit the appellants to withdraw the above appeal as not pressed and direct the trial court to pass the Judgment Decree of the suit independently without being influenced by the impugned order passed on I.A.No.2, in interest of justice and equity. - 3 - HC-KAR NC: 2026:KHC:14037 MFA No. 477 of 2026 2. The memo is taken on record. 3. In view of the memo, the appeal is dismissed as withdrawn. 4. It is needless to say that the trial Court shall consider the suit independently without being influenced by the order passed in IA No.2 or any findings, thereon. Sd/- ______________________ JUSTICE K.S. HEMALEKHA SR List No.: 1 Sl No.: 25