- 1 - NC: 2025:KHC:12943 MFA No. 5922 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.5922 OF 2017 (CPC) BETWEEN: 1. SRI.V BALAKRISHNA S/O LATE VENKATESHALU, AGED ABOUT 58 YEARS, 2. SMT.M.SUMALAKSHMI W/O SRI. V.BALAKRISHNA, AGED ABOUT 48 YEARS, BOTH ARE RESIDING AT NO.1237, I CROSS, 9TH MAIN, SRINIVASA NAGARA, BSK 1ST STAGE, BENGALURU - 560 050. …APPELLANTS (BY SRI. THIMMAIAH K.H., ADVOCATE) AND: 1. SRI. GOWRIPRASAD H S S/O SRI. SEENAPPA, AGED ABOUT 48 YEARS, R/AT NO.96, 4TH 'A' CROSS, 1ST MAIN ROAD, I BLOCK, EAST JAYANAGARA, BENGALURU - 560 011. …RESPONDENT (BY SRI. AFZAL KHAN.,ADVOCATE) Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12943 MFA No. 5922 of 2017 THIS MFA IS FILED UNDER ORDER XLIII RULE 1(r) OF CODE OF CIVIL PROCEDURE, AGAINST THE ORDER DATED 15.04.2017 PASSED ON I.A.NO.1 IN O.S.NO.6848/2016 ON THE FILE OF THE LXI ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU, DISMISSING I.A.NO.1 FILED U/O 39 RULE 1 & 2 OF CPC. THIS APPEAL, 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 appellants submits that the suit is decreed and therefore, the appeal has become infructuous. Placing the said submission on record, the appeal stands dismissed as having become infructuous. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SSD List No.: 1 Sl No.: 16