- 1 - HC-KAR NC: 2026:KHC:20064 MFA No. 2087 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO. 2087 OF 2026 (CPC) BETWEEN: SRI SATHYANARAYANA M AGED ABOUT 54 YEARS, S/O MUNIKRISHNAPPA.N, R/AT NO.29, HENNUR BAGALUR MAIN ROAD, OPP SAB COLLEGE, SRI SAI NAGAR, YADAVA LAYOUT, BYRATHI, BENGALURU NORTH - 560 077. &APPELLANT (BY SMT. AISHWARYA S HANCHATE.,ADVOCATE) AND: 1. MR MOHAMMED ALI WARSI AGED NOT KNOWN, S/O. RAHIM SHARIFF WARSI, R/AT NO.41/2, 7TH CROSS, KANAKANAGAR, R.T NAGAR POST, BENGALURU - 560 032. 2. ASHOKNAGAR CO-OPERATIVE BANK LIMITED. REP BY ITS SECRETARY NO.1280/B, 6TH CROSS, ASHOKNAGAR, BSK 1ST STAGE, 2ND BLOCK, BENGALURU - 560 050. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20064 MFA No. 2087 of 2026 3. ASHOKNAGAR CO-OPERATIVE BANK LIMITED AUTHORISED OFFICER, UNDER THE SECURITISATION AND RECONSTRUCTION OF FINANCE ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002, NO.1280/B, 6TH CROSS, ASHOKNAGAR, BSK 1ST STAGE, 2ND BLOCK, BENGALURU - 560 050. &RESPONDENTS THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 23.02.2026 PASSED ON I.A.NO.I IN OS.NO. 145/2025 ON THE FILE OF THE CIVIL JUDGE AND J.M.F.C., KRISHNARAJAPURA, BENGALURU RURAL DISTRICT, REJECTING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT Learned counsel appearing for the appellant has filed a memo seeking to withdraw this Miscellaneous First Appeal, which reads as under: "The Appellant humbly prays that this Hon'ble Court by pleased to permit the Appellant to withdraw the present Appeal to present it before the Jurisdictional Court in the interest of justice and equity ." - 3 - HC-KAR NC: 2026:KHC:20064 MFA No. 2087 of 2026 2. The said memo is taken on record. 3. In view of the memo, the Miscellaneous First Appeal is dismissed as withdrawn with liberty as prayed for. 4. Liberty is reserved to the appellant to seek exclusion of the time under Section 14 of the Limitation Act, 1963 in accordance with law. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 2