- 1 - NC: 2025:KHC:9115 MFA No. 5713 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 5713 OF 2017 (CPC) BETWEEN: SRI. SHIVARAJ, FATHER'S NAME NOT KNOW TO PLAINTIFF MAJOR, R/AT NO.1279, 1ST CROSS, KARNATAKA HOUSING BOARD COLONY, MAGADI ROAD, BANGALORE - 5600798 (AS PER THE PLAINT BEFORE THE TRIAL COURT), SHIVARAJ, S/O KRISHNAPPA, AGED ABOUT 40 YEARS, R/AT KALPAVRUSHA NILAYA, NO.1583, 27TH MAIN ROAD, 39TH CROSS ROAD, SRIGANDHADAKAVALU, PURNA CHANDRA, D GROUP LAYOUT, VISHWANEEDAM POST, BENGALURU - 560 091 …APPELLANT (BY SRI. VINAY .S., ADVOCATE) AND: B.J. LOHITH @ LOHITH JOYAPPA, S/O B.A. JOYAPPA, AGED ABOUT 34 YEARS, RESIDING AT NO.4, 1ST A MAIN , Digitally signed by NANDINI B G Location: high court of karnataka - 2 - NC: 2025:KHC:9115 MFA No. 5713 of 2017 11TH CROSS, NGEF LAYOUT, NAGARABHAVI II STAGE, BENGALURU - 560 072. REPRESENTED BY PA HOLDER, B.A. JOYAPPA …RESPONDENT (BY SRI. SUDHINDRA DESAI, ADVOCATE) THIS MFA IS FILED U/O 43(1)(R) OF THE CPC, AGAINST THE ORDER DATED 15.07.2017 PASSED ON I.A.NO.1 IN O.S.NO.425/2017 ON THE FILE OF THE XIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE CITY (CCH-18), ALLOWING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC. THIS MFA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the respondent has filed the memo stating that OS.No.425/2017 has been decreed. Therefore, the appeal does not survive for consideration. Memo is placed on record. Accordingly, the appeal is dismissed as having become infructuous. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE BH: List No.: 1 Sl No.: 2