- 1 - HC-KAR NC: 2026:KHC:27015 MFA No. 1193 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 1193 OF 2025 (CPC) BETWEEN: 1. SMT. SWAPNA SARITA MISHRA W/O ASHUTOSH TRIPATHY, AGED ABOUT 44 YEARS, R/AT NO.3115, PRESTIGE SHANTINIKETAN, WHITEFIELD MAIN ROAD, NEAR ITPL, WHITEFIELD, BENGALURU - 560 048 CURRENTLY RESIDING AT C/O PRAGYAN MISHRA, VILLA NO.60, JR RETREAT PHASE-1, IGGALUR VILLAGE, CHANDAPURA, BENGALURU - 560 099 …APPELLANT (BY SRI. CHANDRASHEKAR.,ADVOCATE) AND: 1. SRI. ASHUTOSH TRIPATHY S/O JANARDAN TRIPATHY, AGED ABOUT 48 YEARS, R/AT NO.3115, PRESTIGE SHANTINIKETAN, WHITEFIELD MAIN ROAD, NEAR ITPL, WHITEFIELD, BENGALURU - 560 048 Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27015 MFA No. 1193 of 2025 AND ALSO, AT R/AT NO.22116, PRESTIGE SHANTINIKETAN, WHITEFIELD MAIN ROAD, NEAR ITPL, WHITEFIELD, BENGALURU - 560 048 …RESPONDENT THIS MFA IS FILED UNDER ORDER 43 RULE 1 OF CPC, AGAINST THE ORDER DATED 16.1.2025 PASSED ON I.A. NO. 2 AND 3 IN M.C.NO. 470/2024 ON THE FILE OF THE SENIOR CIVIL JUDGE, BENGALURU RURAL COURT, BENGALURU, REJECTING I.A. NO.3 FILED UNDER ORDER XXXIX RULE 1 AND 2 READ WITH SECTION 151 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT Learned counsel for the appellant has filed a memo seeking withdrawal of the appeal. 2. The memo is accepted. 3. The appeal is dismissed as withdrawn, reserving liberty as sought for. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK, List No.: 1 Sl No.: 6