- 1 - HC-KAR CNR: KAHC010808572025 NC: 2026:KHC:45638 MFA No. 9372 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 9372 OF 2025 (CPC) BETWEEN: DR. M. CHOWDE GOWDA S/O. LATE MUNISHAMAPPA AGED ABOUT 81 YEARS RESIDING AT NO.86 1ST MAIN, 4TH CROSS UAS LAYOUT, RMV 2ND STAGE SANJAYNAGAR BENGALURU - 560 094. …APPELLANT (BY SRI ABHISHEK K., ADVOCATE) AND: 1. THE INSTITUTION OF ENGINEERS (INDIA) HEAD OFFICE AT NO.8 GOKHALE ROAD KOLKATA- 700 020 REPRESENTED BY ITS SECRETARY AND DIRECTOR GENERAL. 2. THE INSTITUTION OF ENGINEERS (INDIA) KARNATAKA STATE CENTRE OFFICE AT NO.3 DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001 REPRESENTED BY ITS HONORARY SECRETARY. Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010808572025 NC: 2026:KHC:45638 MFA No. 9372 of 2025 3. THE CHAIRMAN THE INSTITUTION OF ENGINEERS (INDIA) KARNATAKA STATE CENTRE OFFICE AT NO.3 DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001. 4. THE BOARD OF SCRUTINEERS C/O. THE INSTITUTE OF ENGINEERS (INDIA) KARNATAKA STATE CENTRE NO.3, DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001 REPRESENTED BY ITS CONVENOR. 5. M. LAKSHMANA PRESENTLY HONARAY SECRETARY IEI, KARNATAKA STATE CENTRE OFFICE AT NO.3 DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001. …RESPONDENTS (BY SRI S.V. GIRIDHAR, ADVOCATE FOR C/R2, R4 AND R5) THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF THE CPC, 1908, PRAYING TO SET ASIDE THE ORDER DATED 08.12.2025 PASSED IN I.A.NOS.II AND III IN O.S.NO.7941/2025 BY XXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-40). THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010808572025 NC: 2026:KHC:45638 MFA No. 9372 of 2025 CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT Learned counsel for appellant has filed a memo seeking withdrawal of this appeal, which reads as under: "MEMO FOR WITHDRAWAL The Appellant herewith submits as follows: 1. The Appellant has filed the present Appeal seeking for an order to set aside the order dated 08.12.2025 passed in I.A.No.II and III in O.S.No.7941/2025 by the XXXIX Additional City Civil & Sessions Judge, Bengaluru (CCH-40) amongst other consequential reliefs. 2. It is pertinent to state that, the suit filed before the Trial Court which is numbered as O.S.No.7941/2025 seeking for an order of declaring the election process for the year 2025- 2029 session conducted by Borad of Scrutineers of KSC to the lone seat to the Council of Institute of Engineers from KSC without considering the candidature of Plaintiff as null and void has become infructuous. The Election Grievance Redressal Committee has passed an order holding the election process for the year 2025-2029 is held malafide and against the bye-laws and - 4 - HC-KAR CNR: KAHC010808572025 NC: 2026:KHC:45638 MFA No. 9372 of 2025 directed for holding a fresh election. The Appellate Authority has also upheld the order of the Election Grievance Redressal Committee by order dated 07.03.2026. Hence, it is necessary to withdraw the said Appeal pending before this Hon'ble Court as the Appellant/Plaintiff has filed memo for withdrawal before the Trial Court on 24.01.2026 and on 09.03.2026 and the same is pending order from the XXXIX Additional City Civil & Sessions Judge, Bengaluru (CCH-40). WHEREFORE, it is prayed that this Hon'ble Court be pleased to receive the memo on record and permit the Appellant to withdraw the Appeal in the interest of justice and equity." Placing the memo on record, the appeal is dismissed as withdrawn. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 9