- 1 - HC-KAR NC: 2026:KHC:23950 MFA No. 5347 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO. 5347 OF 2019 (CPC) BETWEEN: SRI MAHIPAL SINGH RAWOOT S/O LATE SRI H S RAWOOT AGED ABOUT 60 YEARS, RESIDENT OF E-4 ASOLA HOMES ASOLA, NEW DELHI - 110 074 REPRESENTED BY HIS POWER OF ATTORNEY HOLDER SRI PURAN SAINI …APPELLANT (BY SMT. VIJETHA R NAIK.,ADVOCATE) AND: 1. MANAV UTTAM SEVA SAMITI C/O SRI HANS SASTANG BHAVAN HAVING ITS OFFICE AT NO.2/12 PUNJABI BAGH NEW DELHI - 110 026 ALSO AT BRANCH OFFICE SRI RAJESHWARI SASTANG BHAVAN NO.2485, 17TH MAIN 1ST CROSS, INDIRABAGAR BENGALURU - 560 008 REPRESENTED BY MAHATMA SAMYANANDA Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23950 MFA No. 5347 of 2019 2. SRI SATPAL J MAHOROJ SANSTHAPAK MANAV UTTAM SEVA SAMAJ ALL INDIA VOLUNTARY SOCIAL WELFARE AND CHARITABLE ORGANISATION HAVING ITS OFFICE AT NO.2/12, PUNJAB BAGH NEW DELHI - 110 026. 3. SRI CHANDRASHEKAR SETTY S/O SRI B NARAYANA SETTY RESIDING AT NO.60/2 TIRUMALA NILAYA, II MAIN, SARASWATHIPURA, ULSOOR, BENGALURU - 560 008. (SINCE DECEASED BY LRS) 3(A) KUSUMA SHETTY W/O LATE CHANDRASHEKAR SHETTY MAJOR BY AGE 3(B) MR NAVEEN S/O LATE CHANDRASHEKAR SHETTY MAJOR BY AGE 3(C) MISS NAMITHA D/O LATE CHANDRASHEKAR SHETTY MAJOR BY AGE ALL ARE RESIDING AT #17, SAVINIVAS, 2ND MAIN, 2ND BLOCK, 3RD C CROSS, 3RD STAGE, OPPOSITE CANARA BANK, B NAGAR, BENGALURU - 79 - 3 - HC-KAR NC: 2026:KHC:23950 MFA No. 5347 of 2019 4. THE SUB REGISTRAR INDIARANAGAR BENGALURU 5. THE B.B.M.P. N.R. SQUARE BENGALURU - 560 004 (REP BY ITS COMMISSIONER) 6. THE A.R.O. JEEVAN BHIMA NAGAR SUB DIVISION WARD NO.74 BENGALURU …RESPONDENTS (BY SRI. S GANESH SHENOY.,ADVOCATE FOR R1, R2 AND R3(A) SRI. MANJUNATH V RAYAPPA.,AGA FOR R4; SRI. K V BATHE GOWDA.,ADVOCATE FOR R2) THIS MFA IS FILED UNDER ORDER 43 RULE 1(k) OF CPC, AGAINST THE ORDER DATED 4.6.19 PASSED ON I.A.NOS.15,16, & 17 OF 2018 IN OS.NO.324/14 ON THE FILE OF THE PRL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE I.A.NOS 15, 16 AND 17 FILED BY THE PLLAINTIF UNDER ORDER 22 RULE 4(1), 22 RULE 9(2) AND UNDER SECTION 5 OF LIMITATION ACT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:23950 MFA No. 5347 of 2019 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT Learned counsel appearing for the appellant has filed a memo seeking to withdraw this appeal, which reads as under: " It is submitted that the Appellant has preferred the above miscellaneous first appeal through his Power of Attorney holder, Sri Puran Saini against the common order dated 04.06.2019 passed by the Addl. City Civil and Sessions Judge, Bengaluru (CCH-9) rejecting IA Nos. 15, 16 and 17 filed under Order 22 Rule 4(1), Order 22 Rule 9(2) and under section 5 of the Limitation Act in O S No.324/2010. During pendency of the above appeal, all the disputes between the parties to the above appeal has been settled out of court and one of the conditions of the settlement is to withdraw the above appeal. The Power of Attorney holder, Sri Puran Saini is no more associated with the Appellant, as such, he has executed Special Power of Attorney dated 16.04.2026. Therefore, the Appellant does not want to prosecute the above appeal and seeks permission of this Hon'ble Court to withdraw the above appeal. - 5 - HC-KAR NC: 2026:KHC:23950 MFA No. 5347 of 2019 WHEREFORE, the Appellant most humbly prays that this Hon'ble Court may be pleased to permit him to withdraw the above appeal, in the interest of justice and equity." 2. The said memo is taken on record. 3. In view of the memo, the Miscellaneous First Appeal is dismissed as withdrawn. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 1