- 1 - HC-KAR CNR: KAHC010106592019 NC: 2026:KHC:38321 MFA No. 3133 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO.3133 OF 2019 (CPC) BETWEEN: A FAZEEL PASHA, S/O LATE ABDULLA KHAN, AGED ABOUT 51 YEARS, RESIDING AT NO.28, 3RD MAIN ROAD, SHAMPUR MAIN ROAD, CHIKKANNA LAYOUT, BANGALORE - 45. …APPELLANT (BY SRI. SAILESH S.K., ADVOCATE) AND: 1. SRI. M.M.MANJUNATH, S/O LATE M.C.MRUTHYUNJAYA, AGED ABOUT 49 YEARS, 2. SRI. M. PRAKASH, S/O LATE M.C.MRUTHYUNJAYA, AGED ABOUT 46 YEARS, BOTH RESIDING AT NO.85, 8TH MAIN, 17TH CROSS, ISRO LAYOUT, BANGALORE - 560 078. Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010106592019 NC: 2026:KHC:38321 MFA No. 3133 of 2019 3. SMT. PARVATHAMMA, W/O M.C.RAJANNA, AGED ABOUT 71 YEARS, 4. SMT. DAKSHAYANI, W/O SURESH, AGED ABOUT 51 YEARS, BOTH RESIDING AT NO.44, 14TH CROSS, SANJAYANAGAR, BANGALORE - 560 080. …RESPONDENTS (BY SRI.R.B.SADASIVAPPA, ADVOCATE FOR R1, R3 AND R4) THIS MFA IS FILED U/O.43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 28/03/2019, PASSED ON IA.NO.I, IN O.S. NO.5968/2017, ON THE FILE OF THE LX ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU (CCH-61), DISMISSING THE IA.NO.I, FILED U/O.XXXIX RULE 1 AND 2 OF CPC. 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 has filed a memo seeking withdrawal of the appeal. - 3 - HC-KAR CNR: KAHC010106592019 NC: 2026:KHC:38321 MFA No. 3133 of 2019 2. The memo is accepted. 3. The appeal is dismissed as withdrawn. In view of the dismissal of the appeal, pending I.As., if any, do not survive for consideration, accordingly, disposed of. Sd/- (PRADEEP SINGH YERUR) JUDGE BVK List No.: 1 Sl No.: 1