- 1 - HC-KAR CNR: KAHC010240272024 NC: 2026:KHC:47569 MFA No. 2620 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 2620 OF 2024 (CPC) BETWEEN: 1. SRI. S. SHIVASHANKAR NAYAK S/O. LATE SUBBANNA NAYAK, AGED ABOUT 60 YEARS, DIRECTOR, RAITHABANDU AHARAUDMYA PRIVATE LIMITED, MARUTHIPURA, POST KANIYURU - 574 217, BELTHANGADI TALUK, UDUPI DISTRICT. 2. SMT. S. INDIRA NAYAK W/O. LATE SUBBANNA NAYAK, AGED ABOUT 79 YEARS, HOUSEWIFE, DIRECTOR, RAITHABANDU AHARAUDMYA PRIVATE LIMITED, MARUTHIPURA, POST KANIYURU - 574 217, BELTHANGADI TALUK, UDUPI DISTRICT. …APPELLANTS (BY SRI. S.V. PRAKASH, ADVOCATE) AND: M.S. BALAGANGADHARA S/O. PATEL SOMASHEKARAPPAGOWDA, AGED ABOUT 87 YEARS, AGRICULTURIST, R/O. YADEHALLI, POST: ANANDAPURAM - 577 412, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010240272024 NC: 2026:KHC:47569 MFA No. 2620 of 2024 SAGARA TALUK, SHIVAMOGGA DISTRICT. …RESPONDENT THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 29.02.2024 PASSED ON I.A.NO.1 IN OS.NO.12/2022 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, SAGARA, ALLOWING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC. THIS APPEAL, COMING ON FOR ADMISSION, 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. The memo is accepted. Accordingly, the appeal is dismissed as withdrawn. Pending interlocutory applications stand disposed of. Sd/- (PRADEEP SINGH YERUR) JUDGE SSD List No.: 1 Sl No.: 36