- 1 - NC: 2025:KHC:11961 MFA No. 3845 of 2022 C/W MFA No. 3878 of 2022 MFA No. 3888 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21STDAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.3845 OF 2022 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO.3878 OF 2022 MISCELLANEOUS FIRST APPEAL NO.3888 OF 2022 IN MFA No.3845/2022: BETWEEN: SRI. T. SRINIVAS S/O LATE THIMMAPPA AGED ABOUT 46 YEARS, RESIDING AT NO.3, NEAR CHAIRMAN HOUSE, HULIMAVU, BANNERGHATTA ROAD, BENGALURU - 560076. …APPELLANT (BY SRI. B.M. HALA SWAMY, ADVOCATE) AND: SRI. M. SRIDHAR SON OF LATE M SHANKAR RAO, AGED ABOUT 60 YEARS, RESIDING AT NO.313-A, SRI RAM, RANKA COLONY, BANNERGHATTA ROAD, BILEKHALLI, BENGALURU – 560076. …RESPONDENT (BY SRI. VIVEKANANDA H.S, ADVOCATE) THIS MFA IS FILED U/O. 41 RULE 1(r) OF CPC, AGAINST THE ORDER DATED. 10.11.2021, PASSED ON IA.NOS.1 AND 2 IN O.S. NO.2699/2021, ON THE FILE OF THE XV ADDITIONAL Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11961 MFA No. 3845 of 2022 C/W MFA No. 3878 of 2022 MFA No. 3888 of 2022 CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH.3), ALLOWING THE IA NO.1 FILED U/O.39 RULE 1 AND 2 R/W. SEC.151 OF CPC AND DISMISSING THE IA.NO.2 FILED U/O.39 RULE 4 OF CPC. IN MFA NO.3878/2022: BETWEEN: SRI. T. SRINIVAS S/O LATE THIMMAPPA AGED ABOUT 46 YEARS, RESIDING AT NO.3, NEAR CHAIRMAN HOUSE, HULIMAVU,BANNERGHATTA ROAD, BENGALURU 560076 ...APPELLANT (BY SRI. B.M. HALA SWAMY,ADVOCATE) AND: SMT. M. UMADEVI W/O C.S. SATYANARAYANA RAO AGED ABOUT 66 YEARS, RESIDING AT NO.966/A/101, 6TH CROSS, 9TH MAIN, PRAKASHNAGAR, BENGALURU – 560021. ...RESPONDENT (BY SRI. VIVEKANANDA H.S,ADVOCATE) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 10.11.2021 PASSED ON I.A.S.NO.1 AND 2 IN O.S.NO.2577/2021 ON THE FILE OF THE XV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH.NO.3), ALLOWING I.A.NO.1 FILED UNDER ORDER 39 RULES 1 AND 2 READ WITH SECTION 151 OF CPC AND DISMISSING THE I.A.NO.2 FILED UNDER - 3 - NC: 2025:KHC:11961 MFA No. 3845 of 2022 C/W MFA No. 3878 of 2022 MFA No. 3888 of 2022 ORDER 39 RULE 4 OF CPC. IN MFA NO.3888/2022: BETWEEN: SRI. T. SRINIVAS S/O LATE THIMMAPPA AGED ABOUT 46 YEARS RESIDING AT NO 3, NEAR CHAIRMAN HOUSE,HULIMAVU, BANNERGHATTA ROAD, BENGALURU - 560076 ...APPELLANT (BY SRI. B M HALA SWAMY, ADVOCATE) AND: SMT.S.SAROJA W/O M.MURALIDHAR RAO AGED ABOUT 65 YEARS RESIDING AT NO 208-C, GOPALAN RESIDENCY, TELECOM LAYOUT, VIJAYANAGAR MAGADI ROAD BENGALURU - 560023 ...RESPONDENT (BY SRI. VIVEKANANDA H.S, ADVOCATE) THIS MFA FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED10.11.2021 PASSED ON I.A. NOS.1 AND 2 IN O.S.NO. 2696/2021 ON THE FILE OF THE XV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH.NO.3), ALLOWING I.A. NO.1 FILED UNDER ORDER 39 RULES 1 AND 2 READ WITH SECTION 151 OF CPC AND DISMISSING THE I.A.NO.2 FILED UNDER ORDER 39 RULE 4 OF CPC. IN TIME. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - NC: 2025:KHC:11961 MFA No. 3845 of 2022 C/W MFA No. 3878 of 2022 MFA No. 3888 of 2022 CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel appearing for both the appellant and respondents submit that the matters are settled between parties before the Karnataka Mediation Centre, Nyaya Degula, Bengaluru. 2. The Karnataka Mediation Centre, Bengaluru, has submitted reports stating that matters have been settled between the parties before the Karnataka Mediation Centre and has enclosed Memorandum of Agreement entered by parties under Section 89 of CPC read with Rules 24 and 25 of Karnataka Civil Procedure (Mediation) Rules, 2005. Same are placed on record. 3. In view of the mediation report, as the parties have settled the dispute between themselves, the appeals do not survive for consideration. Hence, appeals are disposed of in terms of mediation report. SD/- (HANCHATE SANJEEVKUMAR) JUDGE DR List No.: 1 Sl No.: 35