- 1 - HC-KAR CNR: KAHC010548022026 NC: 2026:KHC:45227 MFA No. 5826 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO.5826 OF 2026 (CPC) BETWEEN: 1. SMT. K.P. CHAMPAKAMALA DEVI D/O LATE K.S. PUTTASWAMY AGED ABOUT 68 YEARS, RESIDING AT NO.2413/A, 17TH MAIN ROAD, VIJAYANAGARA, BENGALURU - 560 040. 2. K.P.CHAMPAKADHAMA SWAMY S/O LATE K.S. PUTTASWAMY AGED ABOUT 67 YEARS RESIDING AT NO.291, 1ST 'A' MAIN ROAD 2ND STAGE, WEST OF CHORD ROAD MAHALAKSHMI LAYOUT, BENGALURU - 560 086. 3. SRI.K.P.RAMESH S/O LATE K.S.PUTTASWAMY AGED ABOUT 63 YEARS, RESIDING AT NO. 1639, 1ST CROSS RAMAMOHANAPURAM, BENGALURU - 560 021. 4. SRI. SACHIN.J S/O SMT. K.P. NETHRAVATHI Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010548022026 NC: 2026:KHC:45227 MFA No. 5826 of 2026 G/S/O LATE K.S.PUTTASWAMY AGED ABOUT 41 YEARS, RESIDING AT NO.1408, 1ST 'N' BLOCK, RAJAJINAGARA, BENGALURU - 560 010. 5. SRI.K.P. RAGHUNANDAN S/O LATE K.S. PUTTASWAMY AGED ABOUT 57 YEARS, RESIDING AT NO.15, 4TH CROSS, SRIRAMPURAM, BENGALURU - 560 021. 6. SMT.K.P. VEENA D/O LATE K.S.PUTTASWAMY AGED ABOUT 56 YEARS, RESIDING AT NO.3319, 4TH CROSS, GAYATHRINAGARA, BEGALURU - 560 021. …APPELLANTS (BY SRI. PARAMESHWAR N. HEGDE, ADVOCATE) AND: SRI. K. SHANKAR S/O KEMPAIAH.M AGED ABOUT 42 YEARS RESIDING AT SEEGEPALYA VILLAGE, KAMBALU POST, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT. …RESPONDENT (BY SRI. S. NAGESH, ADVOCATE FOR C/R.) - 3 - HC-KAR CNR: KAHC010548022026 NC: 2026:KHC:45227 MFA No. 5826 of 2026 THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 21.07.2026 PASSED ON I.A.NO.2 AND 3 IN OS.NO.570/2026 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA, REJECTING THE I.A.NO.3 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC AND REJECTING THE I.A.NO.2 FILED UNDER ORDER XXXIX RULE 1 AND 2 READ WITH SECTION 151 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 appellants has filed a memo seeking withdrawal of the appeal. 2. The memo is accepted. 3. The appeal is dismissed as withdrawn. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 17