- 1 - NC: 2025:KHC:3342-DB MFA No.2861/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MRS JUSTICE K.S.MUDAGAL AND THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.2861/2023 (FC) BETWEEN: K B DHARMARAJ S/O LATE K P BASAVARAJAPPA, AGED ABOUT 58 YEARS, WORKING AS ASSISTANT IN THE OFFICE OF EXECUTIVE ENGINEER, T L AND S.S.K.P.T.C.L KAVERI PLAZA 2ND BUS STOP, VIDYANAGAR, DAVANAGERE – 577 005, PRESENTLY RESIDING AT K B DHARMARAJ, S/O LATE K P BASAVARAJAPPA, RETIRED EMPLOYEE, R/O C-23/3 HUBBALLI CHOUDAPPANA GALLI, NEAR VITTAL MANDIRA, BASAVARAJAPET, DAVANAGERE – 577 001 …APPELLANT (BY SRI.G.J.SUNKAPUR, ADVOCATE) AND: 1. SMT G L SUJATHA W/O K B DHARMARAJ, D/O K LINGAPPA, AGED 48 YEARS, R/AT KALLABALU ROAD, JIGNI HOBLI, ANEKAL TALUK, BENGALURU – 560 105 2. THE BRANCH MANAGER VIJAYA BANK, VI BANK HOUSING FINANCE LTD., Digitally signed by K S RENUKAMBA Location: High Court of Karnataka - 2 - NC: 2025:KHC:3342-DB MFA No.2861/2023 R.T. NAGAR BRANCH, NO.75, 1ST FLOOR, APOORVA COMPLEX, DENNUR MAIN ROAD, H.M.T LAYOUT, R.T NAGAR, BENGALURU – 560 032 … RESPONDENTS (BY SRI.R RAJA, ADVOCATE FOR C/R1; SRI.NAGARAJ DAMODAR, ADVOCATE FOR R2; V/O DATED:31.03.2023 (VAKALATH NOT FILED)) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT, PRAYING TO SET ASIDE THE ORDER DATED 21.01.2023 PASSED IN O.S.NO.108/2015 ON THE FILE OF THE IV ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BANGALORE, DECREEING THE SUIT FOR INJUNCTION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL AND HON'BLE MR JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MRS JUSTICE K.S.MUDAGAL) This appeal is preferred challenging the decree of mandatory injunction against defendant Nos.1 and 2 for return of the property documents which were deposited with respondent No.2 in view of the charge on the property for housing loan. The suit was decreed on 21.01.2023. The appeal is preferred on 27.03.2023. 2. It is submitted that in compliance with the impugned decree respondent No.2/bank has already - 3 - NC: 2025:KHC:3342-DB MFA No.2861/2023 returned the documents to respondent No.1/decree holder. 3. Learned counsel for the appellant submits that in the light of such development, appeal has become infructuous and be disposed accordingly. Recording the submission, the appeal is disposed of accordingly. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (C.M. POONACHA) JUDGE AKC List No.: 1 Sl No.: 27