- 1 - HC-KAR NC: 2026:KHC:6855-DB MFA No. 135 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 135 OF 2026 (FC) BETWEEN: SRI. NARAYANASWAMY, S/O. B. MUNISWAMY, AGED ABOUT 34 YEARS, R/AT NO 3166, 3RD MAIN ROAD, KANAKANAGAR, PATTEGARPALYA, NEAR NAVARATHNA WINES, BANGALORE - 560 072. …APPELLANT (BY MS. SAHANA D., ADVOCATE FOR SRI. RAMU S., ADVOCATE) AND: SMT. AISHWARYA S., W/O M.NARAYANASWAMY, AGED ABOUT 24 YEARS, R/AT NO 517, 15TH MAIN ROAD, MANJUNATHNAGAR, BANGALORE - 560 010. …RESPONDENT THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC PRAYING TO MODIFY THE ORDER PASSED ON IA.NO.5 IN ANNEXURE-J IN MC NO.6099/2023 BY THE III ADDITIONAL PRL JUDGE, FAMILY COURT, BY GRANTING INTERIM CUSTODY OF THE CHILD TO THE APPELLANT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally Signed by REKHA R Location : High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6855-DB MFA No. 135 of 2026 CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) Today, the learned counsel for the appellant has filed a memo for withdrawal seeking leave to file a writ petition as this MFA is not maintainable. 2. The memo is accepted and the appeal is dismissed with liberty as prayed for. 3. The alternative remedy of writ petition, if available, shall be availed of within a period of 15 days from today. Sd/- (JAYANT BANERJI) JUDGE Sd/- (T.M.NADAF) JUDGE PK List No.: 1 Sl No.: 23 ct-vn