- 1 - NC: 2025:KHC:16709 MFA No. 6299 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.6299 OF 2021 (CPC) BETWEEN: SRI. C.R. SHAILESH CHANDRA, S/O RAMANJINI GOWDA, AGED ABOUT 48 YEARS, R/AT NO.C-4, GANGANAJOTHI APARTMENT, DASAPPA GARDEN, R.T.NAGAR, BENGALURU - 560 032. …APPELLANT (BY SRI. GIRISH B.R, ADVOCATE) AND: 1. SRI. Y. MARIYAPPA, S/O LATE YELLAPPA, AGED ABOUT 87 YEARS, R/AT THOWDANAHALLI VILLAGE, NANDHI HOBLI, CHIKKABALLAPUR TALUK, CHIKKABALLAPUR DISTRICT - 562 101. 2. SRI. DAVADULA NAGANDRA KUMAR, S/O LATE D SATHYANARAYANA, AGED ABOUT 51 YEARS, R/AT NO.C-17, AJITH LAYOUT, BASAVANAPURA MAIN ROAD, GANGA ROAD, VIRGONAGARA, BANGALORE NORTH, BANGALORE - 560 049. 3. SRI. DAVADULA MALIKARJUNA GUPTA, S/O LATE D. SATHYANARAYANA, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16709 MFA No. 6299 of 2021 R/AT BANJARA COLONY, BALAJI NAGARA, KURNOOL ANDHRA PRADESH – 518 006. …RESPONDENTS (BY SRI. ADINARAYANAPPA, ADVOCATE AND SRI. RAMESH. D, ADVOCATES FOR R1; SRI. S.V.MANJUNATHA, ADVOCATE FOR R2 AND R3) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 02.11.2021 PASSED ON I.A.NO.1 IN O.S.NO.265/2021 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, CHICKBALLAPUR, DISMISSING THE I.A.NO.1 FILED UNDER ORDER XXXIX RULES 1 AND 2 READ WITH SECTION 151 OF CPC. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for respondent Nos.2 and 3 has filed a memo stating that the suit in O.S.No.265/2021 is disposed of on 21.02.2025. Copy of the order is attached. The said memo is placed on record. Consequently, the appeal is dismissed as having become infructuous. SD/- (HANCHATE SANJEEVKUMAR) JUDGE SRA, List No.: 1 Sl No.: 76