- 1 - NC: 2025:KHC:3440 MFA No. 4526 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH MISCELLANEOUS FIRST APPEAL NO. 4526 OF 2024 (CPC) BETWEEN: 1. KUM. CHANDANA R., D/O. REVANASIDDAPPA AGED ABOUT 33 YEARS R/AT WARD NO.1 GARDEN HOUSE ANTHARASANAHALLI TUMAKURU-572 106. 2. BHUMIKA R., D/O. REVANASIDDAPPA AGED ABOUT 24 YEARS R/AT WARD NO.1 GARDEN HOUSE ANTHARASANAHALLI TUMAKURU-572 106. …APPELLANTS (BY SRI. V.B.SIDDARAMAIAH, ADVOCATE) AND: 1. SIDDAPPA S/O. LATE REVANNA AGED ABOUT 63 YEARS R/AT BASAVANNANAPALYA SIRA GATE TUMAKURU-572 106. 2. JAMUNA. B W/O SIDDAPPA AGED ABOUT 55 YEARS Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3440 MFA No. 4526 of 2024 R/AT BASAVANNANAPALYA SIRA GATE TUMAKURU-572 106. 3. REVANASIDDAPPA S/O. LATE CHANDRAPPA AGED ABOUT 63 YEARS R/AT WARD NO.1 GARDEN HOUSE ANTHARASANAHALLI TUMAKURU-572 106. 4. RENUKAMMA W/O. REVANASIDDAPPA AGED ABOUT 53 YEARS R/AT WARD NO.1 GARDEN HOUSE ANTHARASANAHALLI TUMAKURU-572 106. 5. R. CHANDRAKALA D/O. REVANASIDDAPPA AGED ABOUT 34 YEARS R/AT WARD NO.1 GARDEN HOUSE ANTHARASANAHALLI TUMAKURU-572 106. 6. M.P. MALLESH S/O. PUTTAMANAIAH AGED ABOUT 50 YEARS R/AT MELEKOTE MAIN ROAD MELEKOTE EXTENSION TUMAKURU-572 106. …RESPONDENTS (BY SMT. CHAITRA, ADVOCATE FOR R1 AND R2; VIDE ORDER DATED 08.01.2025, NOTICE TO R3 TO R6 DISPENSED WITH NOTICE ISSUED TO R1 AND R2 ON 30.12.2024 AND R1 AND R2 ARE SERVED AND UNREPRESENTED) - 3 - NC: 2025:KHC:3440 MFA No. 4526 of 2024 THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 20.03.2024 PASSED IN O.S.NO.873/2023 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND JMFC, TUMKUR, SETTING ASIDE AND VACATE THE IMPUGNED ORDER FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH JUDGMENT Heard learned counsel for the appellants and learned counsel for respondent Nos.1 and 2. 2. This miscellaneous first appeal is filed to set aside the impugned order dated 20.03.2024 passed in O.S.No.873/2023 on I.A. filed under Order 39 Rules 1 and 2 CPC by Principal Senior Civil Judge and JMFC, Tumakuru. 3. This appeal was earlier filed against exparte temporary injunction and now, the Trial Court also considered the matter on merits of the said I.A. after hearing both the parties. 4. In view of recall of order, M.F.A. is restored. Heard learned counsel for both the parties and the counsels would submit that the Trial Court passed order on merits and this - 4 - NC: 2025:KHC:3440 MFA No. 4526 of 2024 appeal filed against exparte temporary injunction and the same does not survive for consideration. Accordingly, in view of the submission of the counsels, M.F.A. stands disposed of as the same does not survive for consideration. Sd/- (H.P.SANDESH) JUDGE ST