- 1 - NC: 2025:KHC:13752 M.F.A. No.286/2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.286/2021 (CPC) BETWEEN: MR. RAVIKUMAR NARAYAN AGED ABOUT 52 YEARS S/O A. NARAYANASAMY PROPRIETOR OF RAVIKUMAR AND ASSOCIATES, NO.14, NORTH AVENUE SRINAGAR COLONY, SAIDAPET CHENNAI - 600015. …APPELLANT (BY SRI. SAMPATH A, ADV.,) AND: SMT. NEELAM MANJUNATH AGED ABOUT 55 YEARS PROPRIETOR OF "MANASARAM ARCHITECTS" HAVING OFFICE AT NO.7A "AITI GREENSCOPES, VENKATESHPURA SAMPIGEHALLI ROAD, 2ND STAGE BENGALURU 560077. …RESPONDENT (BY SRI. K.R. KRISHNAMURTHY, ADV.,) THIS MFA IS FILED U/O XLIII RULE 1(R) OF THE CPC, PRAYING TO CALL FOR RECORDS IN OS 9279/2018 PENDING ON THE ILFE OF XXVII ADDITIONAL CITY CIVIL JUDGE, BANGALORE CITY (CCH-9). SET ASIDE THE ORDER DATED 25.09.2020 PASSED ON AN APPLICATION FILED BY THE RESPONDENT UNDER ORDER XXXIX RULES 1 & 2 OF THE CODE OF CIVIL PROCEDURE IN OS NO.9279/2018 BY THE XXVII ADDITIONAL CITY CIVIL JUDGE, BANGALORE CITY (PRODUCED AS ANNEXURE-A) & ETC. Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13752 M.F.A. No.286/2021 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the respondent-plaintiff submits that the appeal has become infructuous since the plaint is returned by the trial Court to submit before the Court having territorial jurisdiction. 2. Said submission is placed on record. 3. Appeal does not survive for consideration. Hence, the appeal is dismissed as having become infructuous. SD/- (HANCHATE SANJEEVKUMAR) JUDGE BSR List No.: 1 Sl No.: 3