- 1 - HC-KAR CNR: KAHC010207852021 NC: 2026:KHC:54995 MFA No. 2800 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 2800 OF 2021 (CPC) BETWEEN: 1. SRI R SADASHIVAN S/O LATE P V RAMAIAH IYER, AGED ABOUT 80 YEARS, R/AT NO.1, KATHA NO.224, H L NO.36/4, NEW NO.1183/A, 11TH MAIN, VALAGERAHALLI, GNANABHARATHI I STAGE, BENGALURU REPRESENTED BY HIS GPA HOLDER 2. SRI B N DAYANANDA RAO S/O LATE B NARAYANA RAO, AGED ABOUT 61 YEARS, R/AT NO.8, 80 FEET ROAD, 6TH BLOCK, III PHASE, III STAGE, BANASHANKARI, BENGALURU - 560 085 …APPELLANTS (BY SRI. V.B. SHIVA KUMAR, ADVOCATE) AND: 1. SMT. R. DEEPA CHRISTY D/O DR. D.S. RAJAN, AGED MAJOR, R/AT NO.21, 4TH CROSS, Digitally signed by VINUTHA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010207852021 NC: 2026:KHC:54995 MFA No. 2800 of 2021 PADMANABHANAGAR, AIRPORT ROAD, COIMBATORE - 641 014 2. SRI BALARAJ FATHER'S NAME NOT KNOWN TO APPELLANT, AGED MAJOR, JAYANTH SRI BUILDERS, NO.36, 7TH CROSS, IST MAIN ROAD, SANJEEVINI NAGAR, NAGARABAVI MAIN ROAD, BENGALURU - 560 072 …RESPONDENTS (BY SRI. K. VIJAYAKUMAR, ADVOCATE FOR R1 SRI. N. NANJUNDASWAMY, ADVOCATE FOR C/R2) THIS MFA IS FILED U/o 43 RULE 1 (r) OF CPC AGAINST THE ORDER DATED 22.03.2021 PASSED ON I.A.NO.1 IN O.S.NO.5523/2020 ON THE FILE OF THE XL ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE I.A.NO.1 FILED UNDER ORDER 39 RULES 1 AND 2 R/W SECTION 151 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: KAHC010207852021 NC: 2026:KHC:54995 MFA No. 2800 of 2021 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 The appeal is dismissed as withdrawn.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.: 22