- 1 - HC-KAR CNR: KAHC010231302026 NC: 2026:KHC:36010 MFA No. 2399 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 2399 OF 2026 (CPC) BETWEEN: 1. SRI. MUNI KRISHNAPPA S/O BUCHAPPA (SENIOR CITIZEN BENEFITS NOT CLAIMED) AGED ABOUT 60 YEARS R/AT, SULTANPETE VILLAGE, NANDI HOBLI, CHIKKABALLAPURA- 562101 ALSO R/AT BABUREDDY BUILDING, MADIVALA BANGALORE-68. …APPELLANT (BY SRI. KARTHIK B Y.,ADVOCATE) AND: 1. SMT. NARASAMMA W/O LATE MUNIYAPPA, AGED ABOUT 75 YEARS, R/AT, SULTANPETE VILLAGE, NANDI HOBLI, CHIKKABALLAPURA- 562101 …RESPONDENT Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010231302026 NC: 2026:KHC:36010 MFA No. 2399 of 2026 THIS MFA IS FILED U/O.43 RULE 1 OF THE CPC, PRAYING TO SET ASIDE THE ORDER DT. 03.09.2024 PASSED IN O.S.NO.156/2024 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC, CHIKKABALLAPURA, 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 seeks leave of this Court to withdraw the appeal and permit him to file a second appeal. 2. The same is permitted. 3. The appeal is dismissed as withdrawn. 4. Liberty is reserved to the appellant to prefer a second appeal in accordance with law. The time spent herein shall be condoned, if any such proceedings are filed. - 3 - HC-KAR CNR: KAHC010231302026 NC: 2026:KHC:36010 MFA No. 2399 of 2026 5. Certified copies of the documents produced shall be returned to the learned counsel for the appellants. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 9