- 1 - HC-KAR CNR: KAHC010465082026 NC: 2026:KHC:37304 MFA No. 5094 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 5094 OF 2026 (CPC) BETWEEN: 1. SMT B P GAYATHRI WIFE OF M.M. PRASANNAKUMAR, AGED ABOUT 62 YEARS, RESIDING AT NO.441, 8TH MAIN ROAD, SADASHIVANAGARA, BANGALORE-560 080 …APPELLANT (BY SRI. P.M.GOPI, ADVOCATE FOR SRI P.M.SIDDAMALLAPPA., ADVOCATE) AND: 1. SRI MALI SURESH SON OF M.SHAKRAPPA, AGED ABOUT 71 YEARS, RESIDING AT HONNENAHALLI VILLAGE, BHUKAPATNA HOBLI, SIRA TALUK, TUMKUR DISTRICT-572 137 ALSO AT NO.4, 1ST MAIN ROAD, S. V. LAYOUT, GANGANAGAR, WARD NO.20, SANJAYA NAGAR, BANGALORE-560 090 Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010465082026 NC: 2026:KHC:37304 MFA No. 5094 of 2026 2. SMT. NAGA SUDHA, WIFE OF MALI SURESH, AGED ABOUT 65 YEARS, RESIDING AT HONNENAHALLI VILLAGE, BHUKAPATNA HOBLI, SIRA TALUK, TUMKUR DISTRICT-572 137 ALSO AT NO.4, 1ST MAIN ROAD, S. V. LAYOUT, GANGANAGAR, WARD NO.20, SANJAYA NAGAR, BANGALORE-560 090 3. SMT. MALI BHARATH, SON OF MALI SURESH, AGED ABOUT 40 YEAR, RESIDING AT HONNENAHALLI VILLAGE, BHUKAPATNA HOBLI, SIRA TALUK, TUMKUR DISTRICT-572 137 ALSO AT NO.4, 1ST MAIN ROAD, S. V. LAYOUT, GANGANAGAR, WARD NO.20, SANJAYA NAGAR, BANGALORE-560 090 4. SRI. RAMANJINAPPA, SON OF LATE MUDLAGIRIYAPPA, AGED ABOUT 68 YEARS, RESIDING AT MACHONAYAKANAHALLI VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL TALUK - 560 123 5. SMT.JALAJAKSHIYAMMA, WIFE OF M.K.NAGARAJU, AGED ABOUT 48 YEARS, RESIDING AT MACHONAYAKANAHALLI, KASABA HOBLI, - 3 - HC-KAR CNR: KAHC010465082026 NC: 2026:KHC:37304 MFA No. 5094 of 2026 NELAMANGALA TALUK, BANGALORE RURAL TALUK -560 123 6. SRI.HOSAHALLI BYREGOWDA, SON OF HOSAHALLI CHIKKANNA, AGED ABOUT 73 YEARS, ESIDING AT NO. 1288/3, 1ST MAIN, 3RD CROSS, KHB COLONY, GOVINDARAJA NAGAR, BANGALORE-560 040 7. SMT. BHAVYA.H.B, DAUGHTER OF BYREGOWDA, AGED ABOUT 37 YEARS, RESIDING AT NO. 1288/3, 1ST MAIN, 3RD CROSS, KHB COLONY, GOVINDARAJA NAGAR, BANGALORE-560 040 8. SRI.M.K.NAGARAJU, SON OF KEMPAHANUMAIAH, AGED ABOUT 52 YEARS, RESIDING AT MACHONAYAKANAHALLI, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL TALUK -560 123 …RESPONDENTS THIS MFA FILED U/O.39 RULE 1 AND 2 OF THE CPC, AGAINST THE ORDER DT.30.06.2026.,PASSED ON IA NO.1 IN O.S.NO.688/2026 ON THE FILE OF THE IST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA., ISSUING SUIT SUMMONS AND EMERGENT NOTICE BY DEFENDANTS ON IA NO.1 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC, 1908. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR CNR: KAHC010465082026 NC: 2026:KHC:37304 MFA No. 5094 of 2026 CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT Learned counsel for the appellant files a memo seeking withdrawal of the appeal. 2. Memo is taken on record and so also the submission made by learned counsel for the appellant. 3. The appeal is dismissed as withdrawn. Liberty is reserved to the appellant to file appropriate proceedings before the appropriate forum. If any such proceedings are filed, the time spent herein shall be condoned. All certified copies filed by the appellant shall be returned to the learned counsel for the appellant. 4. Pending applications, if any, stand disposed of. Sd/- (PRADEEP SINGH YERUR) JUDGE VM List No.: 1 Sl No.: 43