- 1 - NC: 2025:KHC:9534 MFA No. 4992 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 4992 OF 2023 (CPC) BETWEEN: 1. SMT. R. SUJATHA W/O G.D. SHIVASHANKARAPPA, D/O LATE RANGASWAMY, AGED 55 YEARS, R/AT DOOR NO.F-83, POLICE QUARTERS, BAR LINE ROAD, TUMKUR. 2. SRI. R. RAVEESH, S/O LATE RANGASWAMY, AGED 53 YEARS, 3. SRI. R. KUMARASWAMY, S/O LATE RANGASWAMY, AGED 50 YEARS. APPELLANTS 2 AND 3 ARE RESIDENTS OF BASAVANA PALYA, SIRAGATE, TUMKUR. …APPELLANTS (BY SRI. M.B. CHANDRA CHOODA, ADVOCATE) AND: 1. SMT. SHIVAMMA W/O LATE ANJINAPPA, AGED 75 YEARS. 2. SRI. ASHOK KUMAR, S/O LATE ANJINAPPA, AGED 51 YEARS. 3. SRI. SHIVARAJU, S/O LATE ANJINAPPA, AGED 49 YEARS. Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9534 MFA No. 4992 of 2023 4. SRI. RAMESH, S/O LATE ANJINAPPA, AGED 44 YEARS, 5. SMT. JAYAMMA W/O SHIVANNA AGED 75 YEARS, RESPONDENTS 1 TO 5 ARE R/O MELEKOTE , GANGADSANDRA ROAD, TUMKUR - 572 105. 6. SMT. SHANTHA DURGADEVI, W/O DR. M.R. HULINAYAKAR, AGED: MAJOR, R/O SHIVADEEPTHI NILAYA, S.S. PURAM MAIN ROAD, BEHIND D.C.C. BANK, TUMKUR - 572 101. 7. SRI. MALLIKARJUNAIAH, S/O LATE NINGAPPA, AGED: MAJOR, ADVOCATE, R/AT 7TH A CROSS, BEHIND VIVEKANANDA SCHOOL, VIDYANAGAR, TUMKUR - 572 103 …RESPONDENTS (R1 IS SEND AND UNREPRESENTED. SRI. KUMARSWAMY D., ADVOCATE FOR R5. SRI. K.R. LINGARAJU, ADVOCATE FOR R6.) THIS MFA IS FILED UNDER ORDER 43 RULE 1(R) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 09.03.2023 PASSED ON R.A.NO. 125/2021 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU. THIS MFA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR - 3 - NC: 2025:KHC:9534 MFA No. 4992 of 2023 ORAL JUDGMENT Learned counsel for respondent No.6 submitted that RA No.57/2024 connected with RA No.59/2024 were disposed of on 01.08.2024. Therefore, this appeal does not survive for consideration. Submission is placed on record. Accordingly, the appeal is dismissed as having become infructuous. SD/- (HANCHATE SANJEEVKUMAR) JUDGE BH List No.: 1 Sl No.: 4