- 1 - NC: 2025:KHC:2327 MFA No. 285 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN MISCELLANEOUS FIRST APPEAL NO. 285 OF 2025 (CPC) BETWEEN: 1. SRI. A.S. ANWAR SHARIFF, SON OF LATE ABDUL SATTAR, AGED ABOUT 70 YEARS. 2. SRI. SALMAN SHARIFF SON OF SRI. A.S. ANWAR SHARIFF, AGED ABOUT 37 YEARS. BOTH THE APPELLANTS ARE RESIDING AT NO. 80, BENSON CROSS ROAD, BENSON TOWN, BENGALURU - 560 046 …APPELLANTS (BY SRI. C. SHANKAR REDDY, ADVOCATE) AND: 1. SMT. K. KALPANA WIFE OF P. NARAYANA @ MUNINARAYANA, AGED ABOUT 56 YEARS, R/AT NO.1490, AMC 1ST MAIN ROAD, K.G. HALLI, BENGALURU - 560 045 Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2327 MFA No. 285 of 2025 2. SRI. SRINIVAS, SON OF LATE CHIKKANNAIAH, AGED ABOUT 60 YEARS, R/AT NO.53, KADUGONDANAHALLI VILLAGE, BENGALURU NORTH TALUK, BENGALURU NORTH - 560 045 3. SRI. RAFIULLA SON OF LATE SAMIULLA SAHIB, AGED ABOUT 55 YEARS, R/AT NO. 53, KADUGONDANAHALLI VILLAGE, BENGALURU NORTH TALUK, BENGALURU NORTH - 560 045 …RESPONDENTS *** THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED. 28.11.2024 PASSED ON IA NO.1 IN O.S.NO.7568/2024 ON THE FILE OF THE XLI ADDITIONAL CITY CIVIL JUDGE, BENGALURU, (CCH NO.42), ALLOWING IA NO.1 FILED U/O.39 RULES 1 AND 2 R/W SEC.151 OF CPC, 1908, ETC. THIS MFA, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.NATARAJAN ORAL JUDGMENT Learned counsel for the appellants has today filed a memo and submits that though the defendants have filed the present appeal, but the respondent/plaintiff has - 3 - NC: 2025:KHC:2327 MFA No. 285 of 2025 already withdrawn the original suit before the Trial Court. In view of withdrawal of the original suit itself, the appeal has become infructuous. 2. The submission of the learned counsel and the memo are placed on record. 3. The appeal is dismissed as having become infructuous. Pending I.As., if any, do not survive for consideration and accordingly, they are disposed of. Sd/- (K.NATARAJAN) JUDGE BMV* List No.: 1 Sl No.: 78 CT:SNN