- 1 - NC: 2025:KHC:10691 MFA No. 2224 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 2224 OF 2019 (CPC) BETWEEN: SMT MANJULABAI BEDKEKAR @ NAGALAKSHMI, D/O M. G. KRISHNOJI RAO W/O DR. B SURESH, AGED ABOUT 56 YEARS, NO.532/A, 5TH CROSS, 4TH MAIN, SSA ROAD, HEBBAL, BENGALURU – 560 024 …APPELLANT (BY SRI. PRADEEP H.S, ADVOCATE) AND: 1. SRI NAGULAL RAO S/O M.G. KRISHNOJI RAO AGED ABOUT 55 YEARS, 2. SRI. KRISHNOJI RAO S/O LATE GIRIMOJI RAO AGED ABOUT 79 YEARS, THE RESPONDENT NO. 1 AND 2 ARE RESIDING AT NO. 274/349, OPPOSITE TO PRIMARY HEALTH CENTRE, NAGAWARA MAIN ROAD, KADUGONDANAHALLI, BENGALURU – 560 045. 3. SRI. P.C. THAMBI AGED ABOUT 72 YEARS, FATHERS NAME NOT KNOWN TO THE PLAINTIFF Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10691 MFA No. 2224 of 2019 4. SMT. SOSAMMA W/O SRI. P.C.THAMBI AGED ABOUT 65 YEARS, 5. SRI. SANTHOSHKUMAR S/O SRI. P.C.THAMBI RESPONDENT NO.S 3 TO 5 ARE RESIDING AT SIDDARAMAIAH GARDEN, ST. THOMAS TOWN, BENGALURU – 560 084. …RESPONDENTS (BY SRI. VIKHAR AHMED B ADVOCATE FOR R1 & R2; NOTICE TO R3 TO R5 DISPENSED WITH (V/O DATED 23.09.19) THIS MFA FILED U/o 41 RULE 1(r) OF CPC, 1908. AGAINST THE ORDER DATED 04.02.2019, PASSED ON I.A.NO.1 IN OS.NO. 8856/2017 ON THE FILE OF THE PRL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU, R4 EJECTING THE I.A.NO.I FILED BY THE PLAINTIFF UNDER ORDER 39 RULE 1 AND 2 OF CPC AND ISSUING NOTICE TO D. TO 5 THROUGH RPAD DATED 27.03.2019. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for respondent Nos.1 and 2 has filed a memo stating that the suit is dismissed as non prosecution on 09.06.2022. Therefore, the appeal has become infructuous. - 3 - NC: 2025:KHC:10691 MFA No. 2224 of 2019 The said memo is placed on record. Consequently, the appeal is dismissed as having become infructuous. SD/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 27