IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR MISCELLANEOUS FIRST APPEAL No.8286/2017(CPC) BETWEEN:
1. Sri. Mahendra Kumar, @ Mahendra Bhandari, S/o. Late Vastimalji, Aged about 56 years, 2. Sri. Ashish Bhandari, S/o. Mahendra Kumar, Aged about 30 years, Both are R/o. No.434, 1st Floor, 7th ‘B’ Main Road, 4th Block, Jayanagar, Bengaluru-560011.
(By Sri. S.P.Kulkarni, Advocate) AND:
Sri. Kamal B. Sethia, S/o. Sri. Bharath Kumar, Aged about 40 years, No.13, 4th Cross, Shankarapuram, Bengaluru-560004.
Rep. by his Power of Attorney Holder Sri. C.Bharath Kumar …Appellants S/o. Chandmul, Age 64 years, No.13, 4th Cross, Shankarpuram, Bangalore-560004.
(By Sri. Ganesh Nag B.V., Advocate) ... Respondent This MFA is filed under Order 43 Rule 1(r) of the CPC, against the order dated 23.09.2017 passed in I.A.No.1 and 2 in O.S.No.3650/2017 on the file of the VIII Additional City Civil and Sessions Judge, Bengaluru, allowing the I.A.No.1 filed under Order XXXIX Rules 1 and 2 read with Section 151 of CPC and rejecting the I.A.No.2 filed under Order XXXIX Rule 4 read with Section 151 of CPC.
This MFA coming on for admission this day, the Court made the following:
ORDER Appellants’ counsel files a memo seeking to withdraw the appeal. Memo is placed on record. Appeal is dismissed as withdrawn.
Sd/- JUDGE KMV/-