- 1 - HC-KAR NC: 2026:KHC:34295 MFA No. 4760 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 4760 OF 2026 (CPC) BETWEEN: 1. A P KRISHNAPPA SON OF KOGILU MUTHAPPA AGED ABOUT 72 YEARS 2. A.C. GOWRAMMA, WIFE OF A.P. KRISHNAPPA AGED ABOUT 60 YEARS, 3. SARITHA KUMAR SRIJITH DAUGHTER OF A.P. KRISHNAPPA, AGED ABOUT 41 YEARS, 4. SRIJITH Y.L SON OF LATE LINGAPPA, AGED ABOUT 43 YEARS, 5. MAHESH KUMAR N.K SON OF A.P. KRISHNAPPA, AGED ABOUT 42 YEARS, 6. NAVEEN KUMAR N.K SON OF A.P. KRISHNAPPA, AGED ABOUT 38 YEARS, SL.NO.1 TO 6 ARE RESIDING AT NO.99, SRI NANDA GOKULA NIVASA NAVARATHNA Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34295 MFA No. 4760 of 2026 AGRAHARA VILLAGE, JALA HOBLI, DEVANAHALLI-562 110 …APPELLANTS (BY SRI. PURUSHOTHAM R.,ADVOCATE) AND: 1. NAVANAAMI PROJECTS PRIVATE LIMITED A COMPANY INCORPORATED UNDER PROVISIONS OF COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT PLOT NO.246, ROAD NO.78, JUBILEE HILLS, HYDERABAD-500033, TELANGANA AND BRANCH OFFICE AT NO.1127, GROUND FLOOR 20TH MAIN, 20TH CROSS A BLOCK, SAHAKARANAGAR, BENGALURU-560055, BY ITS FINANCE MANAGER ANIL KUMAR PRAKASH 2. DS-MAX PROPERTIES PVT. LTD. A COMPANY INCORPORATED UNDER PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.1854, 17TH MAIN, 30TH B CROSS, HBR LAYOUT 1ST STAGE, 5TH BLOCK, BENGLURU-560043 …RESPONDENTS (BY SRI.SANJAY H SETHIYA., ADVOCATE FOR R1) - 3 - HC-KAR NC: 2026:KHC:34295 MFA No. 4760 of 2026 THIS MFA IS FILED U/O.104, ORDER 43 RULE 1 OF THE CPC, AGAINST THE ORDER DT. 24/04/2026 PASSED ON IA NO.2 IN O.S.NO.25/2026 ON THE FILE OF THE COURT OF X ADDITIONAL DISTRICT AND SESSIONS JUDGE, (DEDICATED COMMERCIAL COURT), BENGALURU., ALLOWING THE IA NO.2 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC, 1908. 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 appellants has filed a memo seeking withdrawal of this appeal. 2. The memo is taken on record. 3. The appeal is dismissed as withdrawn, reserving liberty to the appellants to prefer appropriate proceedings before the appropriate forum. Time spent herein shall be condoned. 4. Certified copies of the documents produced shall be returned to the learned counsel for the appellants. - 4 - HC-KAR NC: 2026:KHC:34295 MFA No. 4760 of 2026 5. In view of dismissal of this appeal, pending application, if any, would pale into insignificance. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 21