- 1 - HC-KAR NC: 2026:KHC:23960 MFA No. 2833 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO. 2833 OF 2026 (CPC) BETWEEN: KANCHAN BELAVADI W/O MR VIJAY BELAVADI AGED ABOUT 45 YEARS R@TSOW-C1-77 PURAVANKARA SOUND OF WATER, BANNERGHATTA ROAD, BANGALORE - 560 083. …APPELLANT (BY SMT. ANUSHKA ROY., ADVOCATE FOR; SRI. MOHAMMED ABDUL REHMAN.,ADVOCATE) AND: PURVANKARA LIMITED REPRESENTED BY ITS FOUNDER AND CHAIRMAN, MR RAVI PURAVANKARA, HAVING ITS REGISTERED HEAD OFFICE @#130/1, ULSOOR ROAD BENGALURU - 560 008. …RESPONDENT (BY SRI. MADHU KIRAN JAGGA.,ADVOCATE FOR; SRI. JOSEPH ANTHONY.,ADVOCATE FOR C/R) THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 07.03.2026 PASSED ON I.A.NO.II IN OS.NO.3/2026 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE, C/c I ADDITIONAL CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING THE I.A.NO.2 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23960 MFA No. 2833 of 2026 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT Office has raised an objection regarding maintainability of the present appeal. 2. Learned counsel for the appellant has filed a memo seeking to withdraw the present Miscellaneous First Appeal, which reads as under: " The undersigned counsel for the Appellant humbly seeks liberty of this Hon'ble Court to withdraw the instant Appeal in the light of the fact that the appropriate forum for filing of such Appeal is before the Senior Civil Judge, Bengaluru Rural under Section 20 of the Karnataka Civil Courts Act, 1964. It is submitted that the filing of this appeal before this Hon'ble Court was a bona fide and inadvertent error. WHEREFORE, the Appellant requests that this Hon'ble Court be pleased to permit the Appellant to withdraw the instant appeal and approach the right forum for the rightful adjudication of the subject matter, in the interest of justice.” - 3 - HC-KAR NC: 2026:KHC:23960 MFA No. 2833 of 2026 3. The said memo is taken on record. 4. Learned counsel for the respondent submits that even before filing of this Miscellaneous First Appeal before this Court, the appellant has preferred M.A.No.70/2026 and the present appeal is not maintainable. 5. In light of the fact that the appellant intends to withdraw the appeal and M.A.No.70/2026 being pending before this Court, the present Miscellaneous First Appeal is dismissed as withdrawn with liberty to pursue all the contentions in M.A.No.70/2026. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 15