- 1 - HC-KAR CNR: KAHC010544062017 NC: 2026:KHC:50009 MFA No. 2944 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 2944 OF 2017 (CPC) BETWEEN: SRI.K.A.SURESHA S/O K.H.ANJINAPPA, AGED ABOUT 52 YEARS, NO.192, DEFENCE COLONY, SAHAKARNAGAR, BANGALORE - 560 092. …APPELLANT (BY SRI. NARAYANA SWAMY P.M., ADVOCATE) AND: 1. SMT. JAYAMMA W/O LATE M.MUNIYAPPA, AGED ABOUT 54 YEARS, 2. SMT. ASHA D/O LATE M.MUNIYAPPA, AGED ABOUT 32 YEARS, 3. SRI. MAREGOWDA S/O LATE MUNIYAPPA, AGED ABOUT 28 YEARS, 4. SMT.AKKAYAMMA W/O THIMMAIAH, AGED ABOUT 66 YEARS, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010544062017 NC: 2026:KHC:50009 MFA No. 2944 of 2017 R/AT EKASHIPURA VILLAGE, ARALUMALLIGE POST, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT. 5. SRI.T. NANJUNDE GOWDA S/O A.N. THIMMEGOWDA, AGED ABOUT 58 YEARS, 6. SRI. T. HARINATHA GOWDA S/O A.N. THIMMEGOWDA, AGED ABOUT 51 YEARS, 7. SRI. T. CHELUVARAJU S/O A.N. THIMMEGOWDA, AGED ABOUT 48 YEARS, 8. SRI. T. NANJEGOWDA S/O A.N. THIMMEGOWDA, AGED ABOUT 44 YEARS, RESPONDENTS NO.1 TO 3 AND 5 TO 8 ARE R/AT AVALAHALLI VILLAGE, SINGANAYAKANAHALLI PLOST, BANGALORE NORTH TALUK, YALAHANKA HOBLI, BANGALORE - 560 064. 9. SRI. K. MANJUNATH S/O LATE H KARIYAPPA, AGED ABOUT 32 YEARS, R/AT NO.1267, 12TH CROSS, 9TH MAIN, WEST OF CHORD ROAD, BANGALORE - 560 086. - 3 - HC-KAR CNR: KAHC010544062017 NC: 2026:KHC:50009 MFA No. 2944 of 2017 10. SRI. B.A. GANGADHARA SWAMY S/O ANDALAPPA N, AGED ABOUT 40 YEARS, R/AT NO.778, 3RD MAIN, 3RD CROSS, PRAKASH NAGAR, BANGALORE - 560 021. …RESPONDENTS (BY SRI. VISWANATHA SETTY.V., ADVOCATE FOR C/R9 NOTICE TO R1 TO R8 AND R10 IS D/W, V/O DTD: 08.08.2017) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,1908 AGAINST THE ORDER DATED 16.03.2017 PASSED ON I.A. NO.1 IN O.S.NO.612/2015 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGLAURU, DISMISSING I.A. NO.1 FILED UNDER ORDER 39 RULE 1 & 2 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 appellant has filed a memo seeking withdrawal of the appeal. - 4 - HC-KAR CNR: KAHC010544062017 NC: 2026:KHC:50009 MFA No. 2944 of 2017 2. The memo is accepted. 3. The appeal is dismissed as withdrawn. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 2