- 1 - HC-KAR NC: 2026:KHC:31401 MFA No. 6576 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 6576 OF 2025 BETWEEN: SRI CHIKKABYLAPPA S/O. LATE BYLAPPA AGED ABOUT 64 YEARS RESIDING AT NO.169 BYRAVESHWARA NILAYA LAKSHMIPURA, VIDYARANYAPURA BENGALURU - 560 097. …APPELLANT (BY SRI S. KALYAN BASAVARAJ, ADVOCATE) AND: 1. SRI MANJUNATHA S/O. LATE NAGAPPA AGED ABOUT 42 YEARS R/AT KOOGANAHALLI VILLAGE DODDABELAVANGALA HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT. 2. SRI HANUMAIAH K. S/O. LATE VENKATAPPA AGED ABOUT 65 YEARS. 3. SMT. NARASAMMA W/O. HANUMAIAH K. AGED ABOUT 60 YEARS. 4. SMT. THRIVENI W/O. LATE H. HANUMEGOWDA AGED ABOUT 40 YEARS. Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31401 MFA No. 6576 of 2025 5. MASTER VARUN S/O. LATE H. HANUMEGOWDA AGED ABOUT 15 YEARS. 6. MASTER THARU S/O. LATE H. HANUMEGOWDA AGED ABOUT 13 YEARS. RESPONDENT NO.5 AND 6 ARE MINORS REPRESENTED BY THEIR NATURAL GUARDIAN AND MOTHER SMT. THRIVENI 7. SMT. SHANTHAMMA D/O. K. HANUMAIAH AGED ABOUT 41 YEARS. 8. SRI NARASIMHAMURTHY S/O. K. HANUMANTHAIAH AGED ABOUT 36 YEARS. 9. SMT. RATHNAMMA D/O. LATE THIMMAIAH AGED ABOUT 50 YEARS. 10. SRI ASHWATHNARAYANA S/O. LATE THIMMAIAH AGED ABOUT 40 YEARS. 11. SRI LAKSHMINARAYANA S/O. LATE THMMAIAH AGED ABOUT 38 YEARS. 12. SMT. JAYAMMA W/O. LATE NANJAPPA AGED ABOUT 70 YEARS. 13. SMT. GEETHA D/O. LATE NANJAPPA AGED ABOUT 42 YEARS. - 3 - HC-KAR NC: 2026:KHC:31401 MFA No. 6576 of 2025 RESPONDENTS 1 TO 12 ALL ARE RESIDING AT KOOGANAHALLI VILLAGE DODDABELAVANGALA HOBLI DODDLABALLAPURA TALUK BENGALURU RURAL DISTRICT. …RESPONDENTS (BY SRI A. VASANTHA KUMAR, ADVOCATE FO R1; R3 TO R6 - SERVED;) THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF CPC PRAYING TO SET ASIDE THE ORDER DATED 16.08.2025 PASSED ON THE APPLICATION FILED UNDER ORDER XXXIX RULES 1 AND 2 OF CPC IN OS.NO.604/2025 BY THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DODDABALLAPURA. 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 has filed a memo seeking withdrawal of this appeal. Placing the memo on record, the appeal is dismissed as withdrawn. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 9