- 1 - HC-KAR NC: 2026:KHC:13348 MFA No. 1637 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO. 1637 OF 2026 (CPC) BETWEEN: MR. ADITYA N RAI AGE ABOUT 44 YEARS S/O. LATE SRI. NARAYANA THIMAPPA RAI, R/AT 'POUND GARDEN', KADRI ROAD, MANGALORE-575003, D. K. DISTRICT …APPELLANT (BY SRI. VEERESH.M.UPPIN, ADV. FOR SRI. K CHANDRANATH ARIGA, ADV.) AND: 1. MR.ASHWIN SHETTY, AGED ABOUT 46 YEARS, S/O. Y. UMANATH SHETTY, FLAT NO. 904, PLANET SKS APARTMENT KADRI HILLS, MANGALURU - 575004. E-mail:ashwinushetty@yahoo.com 2. MRS. NISHALI A. SHETTY ALIAS NISHALI RAI, AGED ABOUT 46 YEARS, W/O. ASHWIN SHETTY FLAT NO. 904, PLANET SKS APARTMENT KADRI HILLS, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13348 MFA No. 1637 of 2026 MANGALURU - 575004. E-mail:nishalinrai@yahoo.com 3. MS. REETHIKA SHETTY, AGED ABOUT 44 YEARS, D/O. Y. UMANATH SHETTY, FLAT NO. 402, B BLOCK, SPRINGFIELD APTS SARJAPURA ROAD, AMBALIPURA BANGALORE - 560 102 Email:reethikashetty@gmail.com 4. CERA SANITARYWARE LIMITED REP. BY ITS AUTHORIZED SIGNATORY MR. JAGADEESAN MARIMUTHU, (DEPUTY GENERAL MANAGER HR AND ADMINISTRATION) 7TH AND 8TH FLOOR, B-WING PRIVILON AMBLI BRTS ROAD, ISCKON CROSS ROAD, AHEMADABAD-380059 GUJARAT. Email: Marketing@cera-india.com …RESPONDENTS THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, SET ASIDE THE ORDER DT.14.01.2026 PASSED ON IA NO.2 IN O.S.NO.5620/2024 ON THE FILE OF THE XX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-32) AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 3 - HC-KAR NC: 2026:KHC:13348 MFA No. 1637 of 2026 ORAL JUDGMENT Office has raised an objection regarding maintainability of the appeal against the order passed on I.A.No.II in O.S.No.5620/2024 pending on the file of the XX Additional City Civil and Sessions Judge, Bengaluru (CCH-32) in view of 43 Rule 1 of CPC. 2. Learned counsel appearing for the appellant files a memo seeking withdrawal of the appeal, which reads as under: "The Appellant respectfully submits that the Appellant may kindly be permitted to be withdrawn with the liberty to file writ petition in the Interest of justice and equity." 3. The memo is taken on record. In view of the same, this Miscellaneous First Appeal is hereby disposed of with liberty as prayed for. - 4 - HC-KAR NC: 2026:KHC:13348 MFA No. 1637 of 2026 4. Registry is directed to return the certified copy of all the documents after the appellant furnishes the Photostat copy of the same. Sd/- _____________________ JUSTICE K.S. HEMALEKHA SMJ List No.: 1 Sl No.: 30