- 1 - NC: 2025:KHC:13668 MFA No. 8781 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 8781 OF 2019 (CPC) BETWEEN: 1. BASAMMA W/O. LATE M. KENCHAPPA, AGED ABOUT 70 YEARS, 2. M K MAMATHA D/O. LATE M. KENCHAPPA, W/O. D.R. CHANNESHAPPA, AGED ABOUT 50 YEARS, R/AT N.C.D.C. QUARTERS, NATIONAL GAMES VILLAGE, KORAMANGALA, BENGALURU-560034. 3. M K SAVITHA D/O. LATE M. KENCHAPPA, W/O. YOGISH, AGED ABOUT 46 YEARS, ALSO RESIDING AT FLAT NO.10/27 MAHALAKSHMI CO-OPERATIVE HOUSING SOCIETY MANMALA TANK ROAD NEAR BPL CENTER, MATUNGA (WEST) MAHIM MUMBAI-400016 REPRESENTED BY HER POWER OF ATTORNEY HOLDER SMT. M.K. MAMATHA I.E. 2ND PETITIONER Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13668 MFA No. 8781 of 2019 APPELLANTS NO.1 AND 3 ARE R/AT NO.48, KALYAN HOUSING SOCIETY LAYOUT, 8TH MAIN, 3RD CROSS, HAMPINAGARA, VIJAYANAGARA 2ND STAGE, BENGALURU-562104. …APPELLANTS (BY SRI. S V PRAKASH, ADVOCATE) AND: 1. M.K.JAGADEESHCHANDRA S/O. M. KENCHAPPA, AGED ABOUT 53 YEARS, R/AT NO.48, KALYAN HOUSING SOCIETY LAYOUT, 8TH MAIN, 3RD CROSS, HAMPINAGARA, VIJAYANAGARA 2ND STAGE, BENGALURU-562104. 2. NATIONAL SECURITY DEPOSIT LIMITED DP BGSE FINANCIALS LIMITED (IN302148) NO.51, I CROSS, STOCK EXCHANGE TOWER, J C ROAD, BENGALURU-560027 …RESPONDENTS (BY SRI. THYAGARAJA S., ADVOCATE FOR R1 VIDE ORDER DATED 24.08.2021, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/O. 43 RULE 1(r) OF CPC, AGAINST THE ORDER DT. 22.07.2019 PASSED ON IA NO.1 AND 2 IN O.S.NO.9433/2015 ON THE FILE OF THE XX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-32), DISPOSING OF IA NO.1 AND II FILED U/O. 39 RULES 1 AND 2 R/W SEC.151 OF CPC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:13668 MFA No. 8781 of 2019 CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT 1. Learned counsel for the appellants has filed memo dated 01.04.2025 seeking to withdraw the appeal, since the dispute between the parties has been amicably settled and that the instant appeal has rendered infructuous. 2. Placing the memo on record, the appeal is dismissed as having become infructuous. SD/- (HANCHATE SANJEEVKUMAR) JUDGE NG List No.: 1 Sl No.: 44