- 1 - HC-KAR NC: 2026:KHC:27643 MFA No. 946 of 2024 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. 946 OF 2024 (CPC) BETWEEN: SRI SRIKANTEGOWDA N. AGED ABOUT 50 YEARS S/O. LATE NANJUNDAIAH RESIDING AT NO. 20/1 5TH CROSS, SWEET WATER WELL ROAD RMV-II STAGE BENGALURU - 560 094. …APPELLANT (BY SRI BHADRINATH R., ADVOCATE) AND: 1. SRI SHIVAKUMAR AGED ABOUT 46 YEARS FATHER NAME NOT KNOWN TO PLAINTIFF/APPELLANT. 2. SRI DINESH AGED ABOUT 58 YEARS S/O. SRINIVAS. 3. SRI D.R. SURYANARAYANA AGED ABOUT 64 YEARS S/O. D.S. RAJAGOPALA SHETTY RESIDING AT NO. 71 2ND CROSS, TYAGARAJA NAGAR BENGALURU - 560 093. …RESPONDENTS (BY SRI S.N. DEVARAJA, ADVOCATE FOR SRI A. LOURDU MARIYAPPA, ADVOCATE FOR C/R3) Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27643 MFA No. 946 of 2024 THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 31.01.2024 PASSED ON I.A. NOs. 1 AND 2 IN O.S.NO. 25938/2023 ON THE FILE OF THE IV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU (CCH-21), DISMISSING THE I.A. NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC AND ALLOWING THE I.A.NO. II FILED UNDER ORDER 39 RULE 4 OF CPC, THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT Sri Bhadrinath R., learned counsel for appellant and Sri S.N.Devaraja, learned counsel appearing on behalf of Sri A.Lourdu Mariyappa, for caveator - respondent No.3 are present. 2. Learned counsel for appellant seeks leave of this Court to withdraw the appeal, reserving liberty to file such application or appeal or petition as may be permissible in law before the appropriate Forum. 3. His submission is placed on record. - 3 - HC-KAR NC: 2026:KHC:27643 MFA No. 946 of 2024 Accordingly, the appeal is dismissed as withdrawn reserving liberty to the appellant to file such application or appeal or petition as may be permissible in law before the appropriate Forum. In view of dismissal of the appeal, pending interlocutory application, if any, does not survive for consideration and the same pales into insignificance. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 26