- 1 - HC-KAR NC: 2026:KHC:27594 MFA No. 3592 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 3592 OF 2026 (CPC) BETWEEN: SRI HARIKRISHNA V.V. S/O. SMT. JAYAMMA AGED ABOUT 30 YEARS R/AT VODEYARA HOSALLI VILLAGE BILIKERE HOBLI HUNSUR TALUK MYSURU DISTRICT. …APPELLANT (BY SRI HEMANTH KUMAR S.R., ADVOCATE) AND: 1. CHANDREGOWDA S/O. LATE BASAVEGOWDA AGED ABOUT 64 YEARS R/AT VODEYARAHOSALLI VILLAGE BILIKERE HOBLI HUNSUR TALUK MYSURU DISTRICT. 2. SRI. PARAMESHGOWDA S/O. LATE BASAVEGOWDA AGED ABOUT 56 YEARS. 3. SMT. JAYAMMA W/O. VENKATESH AGED ABOUT 54 YEARS. 4. SMT. BHAGYA W/O. LATE SRINIVASA AGED ABOUT 46 YEARS. Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27594 MFA No. 3592 of 2026 5. CHETHAN S/O. LATE SRINIVASA. 6. MANOJ S/O. LATE SRINIVASA. 7. SRI MALLESHA S/O. LATE BASAVEGOWDA AGED ABOUT 47 YEARS. …RESPONDENTS THIS MFA IS FILED UNDER SECTION 104 AND ORDER XLIII OF CPC SET ASIDE THE ORDER DATED 28.03.2025 PASSED ON I.A.NO V BY I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HUNSUR AND ETC. 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 appellant, who is present through Video Conferencing, submits that he agrees with the objection raised by Registry regarding the maintainability of the appeal. Therefore, he seeks leave of this Court to withdraw the appeal, reserving liberty to file such application or petition as may be permissible in law before the appropriate Forum. - 3 - HC-KAR NC: 2026:KHC:27594 MFA No. 3592 of 2026 2. The objection raised by Registry is sustained. Consequently, the appeal is held to be not maintainable. Accordingly, the appeal is dismissed as not maintainable. 3. Liberty is reserved to the appellant to file such application or appeal or petition as may be permissible in law before the appropriate Forum. 4. The time spent in agitating the matter before this Court, shall be excluded in accordance with the provisions of the Limitation Act, 1963. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 16