- 1 - HC-KAR CNR: KAHC010250592021 NC: 2026:KHC:46916 MFA No. 2869 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 2869 OF 2021 (CPC) BETWEEN: 1. SRI. C.P. DHANANJAYA, S/O LATE R.PUTTASWAMAIAH, AGED ABOUT 44 YEARS, RESIDENT OF NO.17, NEMMADI NILAYA, 11TH CROSS, MALLATHALLI, BANGALORE – 560 056. 2. SRI. VIJAYA H.K., S/O KRISHNAPPA H.V., AGED ABOUT 45 YEARS, RESIDENT OF NO.70, SRINAGARA, 10TH CROSS, BALAJI LAYOUT, MALLATHALLI, BANGALORE – 560 056. 3. BALAJINAGARA HITHARAKASHANA VEDIKE, REGD., MALLATHALLI, BANGALORE – 560 056. …APPELLANTS (BY SRI. DINESH RAO N., ADVOCATE) Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010250592021 NC: 2026:KHC:46916 MFA No. 2869 of 2021 AND: 1. YOGANANDA H.S., S/O H.B.SHIVALINGEGOWDA, AGED ABOUT 47 YEARS, R/AT RAMASANDRA VILLAGE, BHAVANA FARM, KENGARI HOBLI, BENGALURU – 560 060. 2. THE BRUHAT BENGALURU MAHANAGARA PALIKE (BCC), BBMP, BENGALURU – 560 002. …RESPONDENTS (BY SRI.LAKSHMISH G., ADVOCATE FOR C/R1; SMT.M.C.NAGASHREE, ADVOCATE FOR R2) THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC AGAINST THE ORDER DATED 31.05.2021 PASSED ON I.A.NO.1 AND 3/2021 IN OS.NO.25209/2021 ON THE FILE OF THE 74TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU CCH-75, ALLOWING THE I.A. NO.1/2021 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC, DISMISSING THE I.A.NO.3/2021 FILED UNDER ORDER 39 RULE 4 OF CPC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR - 3 - HC-KAR CNR: KAHC010250592021 NC: 2026:KHC:46916 MFA No. 2869 of 2021 ORAL JUDGMENT Learned counsel for petitioner files a memo seeking withdrawal of this petition. Placing the memo on record, the petition is dismissed as withdrawn. Sd/- (PRADEEP SINGH YERUR) JUDGE BH List No.: 1 Sl No.: 30