- 1 - NC: 2025:KHC:4063 MFA No. 4837 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN MISCELLANEOUS FIRST APPEAL NO. 4837 OF 2024 (CPC-) BETWEEN: 1. SADHANA SANGAMA TRUST DULY REPRESENTED BY ITS MANAGING TRUSTEE, MRS. SADHANASHREE.P. 2. SMT. JYOTHI PATTABHI RAM W/O LATE PATTABHIRAM 3. MRS. SADHANASHREE.P D/O LATE MR. PATTABHIRAM. A.G, AGED ABOUT 34 YEARS, IDENTIFIED BY HER AADHAR NUMBER 5735 5557 6696. ALL THE ABOVE APPELLANTS ARE RESIDING IN "KALA YOGA, 8TH CROSS, NEAR OM SHAKTHI TEMPLE, BEML LAYOUT, BASAVESHWARNAGAR, BANGALORE - 560 043. …APPELLANTS (BY SRI. K. R. KRISHNA MURTHY, ADVOCATE AND SRI. B. N. PRAKASH, ADVOCATE) AND: 1. SRI. CHETHAN KUMAR K S/O SRI. KRISHNAPPA, AGED ABOUT 53 YEARS, R/AT NO.1-A, 6TH MAIN ROAD, Digitally signed by VEDAVATHI A K Location: High Court of Karnataka - 2 - NC: 2025:KHC:4063 MFA No. 4837 of 2024 MARUTHI NAGAR, VRUSHBHAVATHI NAGAR, KAMAKSHI PALYA, BANGALORE - 560 079. 2. MR. L. GOPINATH S./O LATE MR. LAKSHMINARAYANAPPA AGED ABOUT 43 YEARS, R/AT NO.49, 1ST CROSS, 2ND MAIN, S.V.K. LAYOUT, BASAVESHWARANAGAR, BANGALORE - 560 079. 3. K. V. SHIVA KUMAR S/O SRI. VISHWANATHAIAH SHETTY, AGED ABOUT 76 YEARS, R/AT NO.23, ARCHANA COMPLEX, DODDAMAVALLI, SUDHAMANAGAR, BENGALURU - 560 002. REPRESENTED BY HIS POA HOLDER MANJUNATH.P S/O PARAMESH, AGED ABOUT 40 YEARS, R/AT NO.1, 1ST MAIN, 4TH CROSS, GOVINDARAJ NAGARA, BENGALURU - 560 040. …RESPONDENTS (BY SRI. SANJAY B. K., ADVOCATE FOR R1(ABSENT); SRI. BABU T. C., ADVOCATE FOR R2(ABSENT); VIDE ORDER DATED:7/11/2024 NOTICE TO R3 DISPENSED WITH) THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED27.04.2024 PASSED ON I.A.NOS.1 AND 2 IN OS.NO.2274/2024 ON THE FILE OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CCH-15, ALLOWING THE IA.NO.I AND II FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:4063 MFA No. 4837 of 2024 CORAM: HON'BLE MR JUSTICE K.NATARAJAN ORAL JUDGMENT Learned counsel for the respondents is not present. 2. Learned Counsel for the appellants has filed a memo stating that the trial Court has already rejected the plaint on 20.01.2025 for non payment of court fee and hence, the appeal has become infructuous. 3. The memo is placed on record. 4. Accordingly, the appeal is dismissed as having become infructuous. 5. Pending I.As., if any, stand disposed of. Sd/- (K.NATARAJAN) JUDGE CS List No.: 1 Sl No.: 43 CT:SK