- 1 - HC-KAR CNR: KAHC010590072025 NC: 2026:KHC:42487 MFA No. 6682 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 6682 OF 2025 BETWEEN: SMT.D SAVITHA D/O. MR. M. DEVARAJ REDDY, W/O. KISHORE P REDDY. AGED ABOUT 33 YEARS, R/AT. NO 870, 18TH CROSS, 10TH MAIN, ITI LAYOUT, HSR LAYOUT, BOMMANAHALLI, BENGALURU, KARNATAKA - 560 068. APPELLANT (BY SRI. RAJESH MAHALE, SR. COUNSEL A/W SRI. RANGARAMU V.,ADVOCATE) AND: 1. SRI M DEVARAJU REDDY S/O. LATE. N.G. MALLA REDDY. AGED ABOUT 64 YEARS, 2. SMT. GOWRAMMA. N W/O. SRI. M. DEVARAJU, AGED ABOUT 56 YEARS. RES.NO.1 AND 2 BOTH ARE R/AT.NO.1265, SRI. GOWRI COMPLEX, 22ND MAIN, 11TH CROSS, HSR LAYOUT, 1ST SECTOR, BENGALURU, KARNATAKA- 560 102. 3. SRI. SUREN IJERI, S/O. GURUSIDDAPPA LJERI, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010590072025 NC: 2026:KHC:42487 MFA No. 6682 of 2025 AGED ABOUT 44 YEARS, R/AT. NO FF1 A, SAI NANDANA APARTMENT, SRI JNANAKSHI SCHOOL ROAD, NEAR OLD MANIPAL HOSPITAL, RAJARAJESHWARI NAGAR, BENGALURU - 560 098. 4. SMT. SUBHODA IJERI, W/O. GURUSIDDAPPA LJERI, D/O. SANGAPPA UPNAL, AGED ABOUT 60 YEARS, R/AT. NO 38. FIRST MAIN, ABINAVA NAGAR, ANANDA NAGAR ROAD, HUBLI- DHARWARD - 580 024. 5. SRI. ANAND UPNAL, AGED ABOUT 52 YEARS, S/O. MR. SANGAPPA UPNAL, R/AT. NO 1265, GOWRI NILAYA, 22ND MAIN, 11TH CROSS ROAD, SECTOR FIRST, HSR LAYOUT, BENGALURU, KARNATAKA. RESPONDENTS (BY SRI. SANTHOSH KUMAR K.,ADVOCATE FOR R1 AND R2; SRI. Y.V. PRAKASH., ADVOCATE FOR SRI. Y.K. NARAYANA SHARMA., ADVOCATE FOR R3) THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 14.08.2025 PASSED ON I.A.NO.1 IN OS.NO. 4762/2024 ON THE FILE OF THE XXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-36), DISMISSING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC AND ETC,. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010590072025 NC: 2026:KHC:42487 MFA No. 6682 of 2025 CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT Learned Senior Counsel Sri. Rajesh Mahale, appears on behalf of learned counsel Sri. Rangaram. V, for the appellant. Learned counsel Sri. Y.V. Prakash, appears on behalf of Sri. Y.K. Narayana Sharma, for respondent No.3. 2. Learned Senior counsel at this stage seeks permission to withdraw the appeal with liberty to file afresh application keeping open all the contentions. 3. The submission is accepted. 4. The appeal is dismissed as withdrawn, reserving liberty to file afresh application. If any such application is filed, the same shall be considered in accordance with law. It is made clear this Court has not expressed any opinion on the merits of the matter. Sd/- (PRADEEP SINGH YERUR) JUDGE PNV - List No.: 1 Sl No.: 24