- 1 - NC: 2025:KHC:9116 MFA No. 2392 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 2392 OF 2019 (CPC) BETWEEN: MANASA P. SHETTY D/O LATE RATHNAKARA SHETTY, W/O B PADMANABHA SHETTY, AGED ABOUT 33 YEARS, R/AT FLAT NO.401, JANANI APARTMENT, NAGARAKATTE, MARPADY VILLAGE, MOODABIDRI, MANGALORE TALUK - 574 214. …APPELLANT (BY SRI. RAJASHEKAR .S., ADVOCATE) AND: 1. SMT MOHINI K SHETTY W/O LATE KARUKAR SHETTY AGED ABOUT 64 YEARS 2. SRI SHONITH K SHETTY S/O LATE KARUNAKARA SHETTY AGED ABOUT 38 YEARS 3. SMT LAKSHMI SHETTY D/O LATE KARUNAKARA SHETTY AGED ABOUT 37 YEARS 4. SRI ROHIT K SHETTY D/O LATE KARUNAKARA SHETTY AGED ABOUT 35 YEARS ALL ARE RESIDING AT KAMBALA HOUSE, NAGARKATTE, PRANTHYA Digitally signed by NANDINI B G Location: high court of karnataka - 2 - NC: 2025:KHC:9116 MFA No. 2392 of 2019 VILLAGE, MOODABIDRI, MANGALORE TALUK - 574 214. 5. SMT VINAYA R SHETTY W/O LATE RATHNAKARA SHETTY AGED ABOUT 54 YEARS 6. SRI ABHIJITH S/O LATE RATHNAKARA SHETTY AGED ABOUT 28 YEARS RESPONDENT 5 & 6 ARE R/AT PURPA HOUSE, MANDARABAILU, DEREBAILU POST, KONCHADI, MANGALORE - 8. …RESPONDENTS (BY SRI. K. CHANDRANATH ARIGA, ADVOCATE FOR R1 & R2 R3 TO R6 - NOTICE SERVED) THIS MFA IS FILED UNDER ORDER 43 RULE 1(R) OF CPC, AGAINST THE ORDER DATED 07.12.2018, PASSED ON I.A.NO.II IN OS.NO.127/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, MANGALURU ITINERATE SENIOR CIVIL JUDGE & JMFC, COURT AT MOODABIDARI, DISMISSING THE I.A.NO.2 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC. THIS MFA, COMING ON FOR HEARING - INTERLOCUTORY APPLN, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR - 3 - NC: 2025:KHC:9116 MFA No. 2392 of 2019 ORAL JUDGMENT Learned counsel for the appellant has filed a memo stating that the matter has become infructuous. Memo is placed on record. Accordingly, the appeal is dismissed as having become infructuous. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE BH List No.: 1 Sl No.: 16