- 1 - NC: 2025:KHC:9021 MFA No. 6140 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL No.6140 OF 2018 (CPC) BETWEEN: SRI. KIZAR AHAMED KHAN S/O BUDEN KHAN, AGED ABOUT 52 YEARS, TIMBER MERCHANT, R/O NEAR MESCOM OFFICE, NH – 206, AYUNUR VILLAGE SHIVAMOGGA TALUK – 577 201. …APPELLANT (BY SRI. H.N.BASAVARAJU, ADVOCATE) AND: 1. SRI. NINGAPPA @ NINGARAJAPPA S/O CHANNABASAPPA GOWDA, AGED ABOUT 71 YEARS, AGRICULTURIST, R/O KERE HITTALU VILLAGE, GILALAGUNDI POST, ANANDAPURA HOBLI, SAGAR TALUK, SHIVAMOGGA DISTRICT – 470 001. 2. SRI. DINESH, S/O NINGAPPA, AGED ABOUT 32 YEARS, AGRICULTURIST, R/O KERE HITTALU VILLAGE, GILALAGUNDI POST, Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9021 MFA No. 6140 of 2018 ANANDAPURA HOBLI, SAGAR TALUK, SHIVAMOGGA DISTRICT – 470 001. …RESPONDENTS THIS MFA FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 11.06.2018, PASSED ON I.A.No.3 IN RA.No.70/2017 ON THE FILE OF THE LEARNED III ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA, REJECTING THE I.A.No.3 FILED BY THE RESPONDENT UNDER ORDER 39 RULE 1 & 2 R/W SECTION 151 OF CPC. 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 the appellant submitted that RA.No.70/2017 was disposed of on 21.08.2018 and furnished the copy of judgment and award and it is submitted that the appeal has become infructuous. 2. The said submission is placed on record. 3. Therefore, the appeal is dismissed as having become infructuous. - 3 - NC: 2025:KHC:9021 MFA No. 6140 of 2018 4. In view of dismissal of the appeal, I.A.No.1/2018 filed for stay does not survive for consideration and it is disposed of. SD/- (HANCHATE SANJEEVKUMAR) JUDGE PB List No.: 1 Sl No.: 24