- 1 - HC-KAR NC: 2026:KHC:31786 MFA No. 1962 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 1962 OF 2021 (CPC) BETWEEN: 1. SMT SHASHIKALA W/O LATE RAJGOPAL AGED 61 YEARS, R/AT NO.1320/17, 8TH MAIN, A BLOCK, RAJAJINAGAR II STAGE, BENGALURU-560010 SENIOR CITIZEN NOT CLAIMED …APPELLANT (BY SRI. NARENDRA S AND GIRISHA.C.N ADVOCATE) AND: 1. SRI M NEELAKANTA S/O LATE MUNIYAPPA AGED 50 YEARS, PRESENTLY R/AT NO.2375/D, A BLOCK, RAJAJINAGAR II STAGE, BANGALORE-560010. 2. THE COMMISSIONER, BRUHATH BANGALORE MAHANAGARA PALIKE, (BBMP), HUDSON CIRCLE, BANGALORE-560003. Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31786 MFA No. 1962 of 2021 3. THE JOINT COMMISSIONER, BRUHATH BANGALORE MAHANAGARA PALIKE, MALLESWARAM ZONE, (BBMP) MALLESHWARAM, BANGALORE-560 003. 4. THE ASSISTANT EXECUTIVE ENGINEER MALLESWARAM SUB DIVISION, BRUHATH BANGALORE MAHANAGARA PALIKE, M.K.K. ROAD, BANGALORE SEVA KENDRA BUILDING, MALLESWARAM, BANGALORE-560003. …RESPONDENTS (BY SRI.K.N.PUTTEGOWDA, ADVOCATE FOR R2, R3 AND R4) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,1908 AGAINST THE ORDER DATED 03.04.2021 PASSED ON I.A. NO. 2 AND 3 IN O.S.NO. 5170/2020 ON THE FILE OF THE III ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH NO.25), DISMISSING I.A. NO.2 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC AND ALLOWING THE I.A.NO. 3 FILED UNDER ORDER 39 RULE 4 READ WITH SECTION 151 OF CPC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR - 3 - HC-KAR NC: 2026:KHC:31786 MFA No. 1962 of 2021 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 The appeal is dismissed as withdrawn. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 31