- 1 - NC: 2025:KHC:11618 MFA No. 7514 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.7514 OF 2017 (CPC) BETWEEN: SRI B. A. MADHU, S/O SRI D. S. ANJANEYULU, AGED ABOUT 60 YEARS, R/AT NO.S-12A PALANCE GARDEN, APARTMENT, PALACE CROSS ROAD, BENGALURU-560 020. …APPELLANT (BY SRI. R. B. SADASIVAPPA, ADVOCATE) AND: 1. SRI R. SUBHASH S/O SRI RANGAPPA AGED ABOUT 36 YEARS R/AT NO.22, 1ST CROSS S.C.ROAD, BENGALURU-560 009. 2. SRI V. MUKHESH, S/O SRI VASUDEVA AGED ABOUT 36 YEARS R/AT NO.43, 2ND CROSS 1ST STAGE, OKALIPURAM BENGALURU-560021. 3. SRI D. RAJAGOPAL S/O SRI DASAPPA AGED ABOUT 48 YEARS R/AT NO.51, 1ST MAIN ROAD SESHADRIPURAM BENGALURU-560020 4. SRI D. CHELUVARAJ, S/O SRI DASEGOWDA AGED ABOUT 56 YEARS Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11618 MFA No. 7514 of 2017 R/AT NO.84, SOUTH END ROAD, BASAVANAGUDI BENGALURU-560 004. …RESPONDENTS (BY SRI. B. SHARATH KUMAR, ADVOCATE FOR R1 TO R4) THIS MFA FILED U/O 43 RULE (1)(r) OF THE CPC, AGAINST THE ORDER DATED 19.08.2017 PASSED ON I.A.NO.1 IN O.S.NO.3962/2015 ON THE FILE OF THE XII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH NO.27) BENGALURU, ALLOWING THE I.A.NO.1 FILED UNDER ORDER XXXIX RULES 1 AND 2 OF CPC. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellant files a memo stating that the suit in O.S.No.3962/2015 has been disposed of by the XII Additional City Civil and Sessions Judge, Bengaluru on 26.08.2023 and is decreed in part. 2. Memo is taken on record. 3. Therefore, the above appeal is dismissed as having become infructuous. SD/- (HANCHATE SANJEEVKUMAR) JUDGE ABK/ List No.: 1 Sl No.: 49