- 1 - NC: 2025:KHC:10542 MFA No. 120 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.120/2022 (CPC) BETWEEN: 1. SMT. ANANTHAMMA W/O LATE LAKSHMAIAH REDDY AGED ABOUT 70 YEARS. 2. SRI. L. RAVISHANKAR S/O LATE LAKSHMAIAH REDDY AGED ABOUT 50 YEARS. APPELLANTS NO.1 & 2 ARE R/AT DODDAKANNELLI VILLAGE VARTHUR HOBLI BENGALURU 560035. 3. SRI. K.L. SRINIVAS S/O LATE LAKSHMAIAH REDDY AGED ABOUT 47 YEARS R/AT SAI NITHIN NILAYA K.T. NAGAPPA REDDY LAYOUT DODDAKANNALALI HOBLI BENGALURU 560035. 4. SRI. BANSHILAL DEWASI S/O RANARAM DEWASI AGED 27 YEARS R/AT NO.48, BHAGYAMMA BUILDING PANATHUR VILLAGE VARTHUR HOBLI BENGALURU 560103. …APPELLANTS (BY SRI. VIJAYA KUMAR K, ADVOCATE) Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10542 MFA No. 120 of 2022 AND: SMT. PRIYANKA D/O LATE SRIRAMA @ SRIRAMA REDDY AND LATE K.L. VANI W/O RAGHU, AGED 23 YEARS R/AT NO.54, HULIMANGALA VILLAGE JIGANAI HOBLI, ANEKAL TQ BENGALURU 560105. …RESPONDENT THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 26.08.2021 PASSED ON I.A.NO.1 AND 3 IN OS.NO.1852/2019 ON THE FILE OF THE LXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CCH-63, PRAYING TO SET ASIDE THE ORDER DATED 26.08.2021 PASSED ON I.A.NO.1 AND 3 AND DISMISS THE I.A.NO.1 FILED BY THE PLAINTIFF/RESPONDENT AND ALLOW I.A.NO.3 FILED BY THE APPELLANTS/DEFENDANTS. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellants has filed a memo seeking to dismiss the appeal as having become infructuous. The memo reads as under: "The appellants respectfully submit that, the appellants have filed the above appeal aggrieved by the order dated 26.08.2021 passed by the LXII Additional City Civil and Sessions Judge, at Bengaluru (CCH No.63) in O.S.No.1852/2019 in - 3 - NC: 2025:KHC:10542 MFA No. 120 of 2022 allowing IA No. I. During the pendency of the above appeal O.S.No.1852/2019 is partly decreed vide judgment dated 09.11.2023, hence the above miscellaneous appeal may kindly be dismissed as become infructuous, in the interest of justice." 2. The memo is taken on record. 3. Accordingly, the Appeal is dismissed as having become infructuous. SD/- (HANCHATE SANJEEVKUMAR) JUDGE GVP List No.: 1 Sl No.: 35