- 1 - HC-KAR NC: 2026:KHC:30367 MFA No. 4240 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 4240 OF 2026 (CPC) BETWEEN: 1. MR. B MADHAVA SUVARNA AGED 75 YEARS, S/O LATE B. VASAPPA MAISTRY, SECRETARY OF MANAGING COMMITTEE OF SHREE GOKARNANATHA KSHETHRA, R/AT GURUKRIPA, BEJAI, KAPIKAD, MANGALURU-575004. …APPELLANT (BY SRI. CHIDANANDA KEDILAYA M.,ADVOCATE) AND: 1. TEMPLE MANAGING COMMITTEE SHREE GOKARNANATHA KSHETHRA KUDROLI, MANGALURU-575003, REP. BY ITS SELF-STYLED PRESIDENT SRI H.S. SAIRAM, AGED 71 YEARS, S/O LATE H.C. SOMASHEKHAR, 'SAIRAM', KADRI KAMBLA, BEJAI POST, MANGALURU-575004. 2. SRI H.S. SAIRAM AGED 71 YEARS, S/O LATE H.C. SOMASHEKHAR, SELF-STYLED PRESIDENT OF MANAGING COMMITTEE OF Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30367 MFA No. 4240 of 2026 SHREE GOKARNANATHA KSHETHRA, 'SAIRAM', KADRI KAMBLA, BEJAI POST, MANGALURU-575004. 3. SMT. URMILA RAMESH VICE PRESIDENT OF MANAGING COMMITTEE OF SHREE GOKARNANATHA KSHETHRA, AGED 75 YEARS, W/O RAMESH KUMAR, R/AT 'SARASWATHI', GANDHINAGAR MAIN ROAD, MANGALURU-575003. 4. SRI RAVISHANKAR MIJAR FR. MEMBER OF THE MANAGING COMMITTEE OF SHREE GOKARNANATHA KSHETHRA, AGED 70 YEARS, S/O LATE KESHAVA MIJAR, R/AT GANGANIVAS, MANGALADEVI TEMPLE ROAD, MANGALURU-575001. 5. SRI JAGADEEP D. SUVARNA MEMBER OF MANAGING COMMITTEE OF SHREE GOKARNANATHAKSHETHRA, AGED 57 YEARS, S/O LATE DAMODAR SUVARNA, R/AT SUVARNA NILAYA, DR. SUVARNA ROAD, VALENCIA, MANGALURU-575002. 6. SRI R. PADMARAJ TREASURER OF MANAGING COMMITTEE OF SHREE GOKARNANATHAKSHETHRA, AGED 54 YEARS, S/O RAMAYYA, R/NEAR KAPITANIO HIGH SCHOOL, KANKANADY, MANGALURU-575002. - 3 - HC-KAR NC: 2026:KHC:30367 MFA No. 4240 of 2026 7. SRI SANTHOSH KUMAR MEMBER OF MANAGING COMMITTEE OF SHREE GOKARNANATHAKSHETHRA, AGED 57 YEARS, S/O B. JANARDHANA POOJARY, R/AT CHENNAMMA NILAYA, B.C. ROAD, BANTWALA. 8. SRI KISHORE DANDAKERI MEMBER OF MANAGING COMMITTEE OF SHREE GOKARNANATHA KSHETHRA, AGED 52 YEARS, S/O POOVAPPA MAISTRY, R/AT ANUSHKA VILLA, DANDAKERI HOUSE, KONCHADY ROAD, MANGALURU-575002. 9. SRI M. SHEKAR POOJARY MEMBER OF MANAGING COMMITTEE OF SHREE GOKARNANATHA KSHETHRA, AGED 73 YEARS, R/AT HIGHLAND HOME, RAO BAHADDUR GIRIYAPPA GARDEN, OPP HIGHLAND HOSPITAL OUT GATE, HIGHLANDS, FALNIR, MANGALURU-575002. 10. AKHILA BHARATHA BILLAVARA UNION (R) REP. BY ITS SECRETARY, SHRI NARAYANA GURU COLLEGE COMPOUND, KUDROLI, MANGALURU-575003. 11. SHREE GOKARNANATHA CO-OP BANK LTD. REP BY ITS MANAGER, KUDROLI BRANCH, KUDROLI MANGALURU-575 003, REPRESENTED BY ITS MANAGER. …RESPONDENTS - 4 - HC-KAR NC: 2026:KHC:30367 MFA No. 4240 of 2026 THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 12.03.2026 PASSED IN R.A.NO.211/2025 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, DAKSHINA KANNADA, MANGALURU, ALLOWING THE APPEAL FILED UNDER ORDER 41 RULE 1 AND SECTION 96 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 taken on record. 3. The appeal is dismissed as withdrawn, reserving liberty as sought for. 4. The Registry to return the certified copies of the documents produced to the learned counsel for the appellant. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 17