- 1 - HC-KAR NC: 2026:KHC:25766 MFA No. 3543 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 3543 OF 2026 (CPC) BETWEEN: 1. SRI B.K. RAMESH, S/O LATE D. KRISHNAPPA AGED ABOUT 43 YEARS R/AT BALAGERE VILLAGE VARTHUR HOBLI, BANGALORE EAST TALUK BANGALORE. …APPELLANT (BY SRI. SHIVARAMU H.C, ADVOCATE) AND: 1. MR. H.R. CHANDRASHEKAR, S/O LATE K. RAMAIAH AGED ABOUT 81 YEARS RESIDING AT NO.12/1 NEXT TO CANARA BANK, HEBBAL BANGALORE - 560 024. 2. SRI. UMESH MAJOR C/O OASIS SOBHA DREAM ACRES APARTMENT BALAGERE VILLAGE, VARTHUR HOBLI BANGALORE EAST TALUK BANGALORE – 560 087. 3. SRI PADDU MAJOR C/O OASIS SOBHA DREAM ACRES APARTMENT BALAGERE VILLAGE, VARTHUR HOBLI Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25766 MFA No. 3543 of 2026 BANGALORE EAST TALUK BANGALORE – 560 087. 4. SRI SHIVAGURU MAJOR C/O OASIS SOBHA DREAM ACRES APARTMENT BALAGERE VILLAGE, VARTHUR HOBLI BANGALORE EAST TALUK BANGALORE – 560 087. 5. OASIS SOBHA DREAM ACRES APARTMENT BALAGERE VILLAGE, VARTHUR HOBLI BANGALORE EAST TALUK BANGALORE – 560 087. 6. SOBHA LIMITED HAVING OFFICE AT: SARJAPUR - MARATHAHALLI OUTER RING ROAD DEVARABISANAHALLI, BELLANDUR BENGALURU 560 103. (REPRESENTED BY THE AUTHORISED PERSON) …RESPONDENTS (BY SRI VINAYAKA S PANDIT, ADVOCATE FOR C/R R-6) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 2.05.2026 PASSED ON I.A.NO.1 IN OS.NO. 3236/2025 ON THE FILE OF THE CIVIL JUDGE AND JMFC, KRISHNARAJAPURAM, BANGALORE RURUAL DISTRICT. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR - 3 - HC-KAR NC: 2026:KHC:25766 MFA No. 3543 of 2026 ORAL JUDGMENT Learned counsel for the appellant files a memo seeking withdrawal of the appeal with a liberty to file appropriate appeal before appropriate Court. The memo reads as under: The petitioner seeks leave of this Hon’ble Court to permit him to withdraw the same and to file appropriate appeal before the appropriate Court with liberty in the interest of justice and equity. 2. In view of the memo the appeal is disposed of as withdrawn with liberty to file appropriate appeal before appropriate forum. 3. Registry is directed to return the documents to learned counsel for the appellant. 4. Appellant is entitled to benefit of Section 14 of the Limitation Act. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 3 Sl No.: 1