- 1 - NC: 2025:KHC:12517 MFA No. 4867 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 4867 OF 2018 (CPC) BETWEEN: SRI R. GOVINDARAJU S/O. LATE. RAMAIAH, AGED ABOUT 63 YEARS, RESIDING AT: NO.10/50 FEET ROAD, 26TH MAIN ROAD, "T" BLOCK, GIRINAGAR, BENGALURU - 560085. …APPELLANT (BY SRI. NAIK N R., ADVOCATE) AND: SMT G SARASWATHI W/O. SRI. M.T. LAKSHMAN, D/O. SRI. R. GOVINDARAJU, AGED ABOUT 40 YEARS, RESIDING AT: MUDDAIAHNAPALYA, NEAR RAMOHALLI VILLAGE, TAVAREKERE HOBLI - 560087, BENGALURU SOUTH TALUK. …RESPONDENT (BY SRI. PRADEEP J.S., ADVOCATE) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) READ WITH SECTION 104 OF THE CODE OF CIVIL PROCEDURE,1908, AGAINST THE ORDER DATED 13.03.2018 PASSED ON I.A. NO.2 IN O.S.NO. 2283/2016 ON THE FILE OF THE XII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,(CCH.NO.27), BENGALURU, DISMISSING I.A. NO.2 FILED UNDER ORDER 39 RULES 1 & 2 CPC. Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12517 MFA No. 4867 of 2018 THIS APPEAL, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellant submits that the suit is dismissed and the instant appeal shall become infructuous. His submission is placed on record. Accordingly, the appeal stands dismissed as having become infructuous. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SSD List No.: 1 Sl No.: 16