- 1 - NC: 2025:KHC:11501 MFA No. 9447 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19THDAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 9447 OF 2018 (CPC) BETWEEN: 1. RAHUL V. SHETTY, S/O LATE B VIJAYABHASKARA SHETTY COFFEE PLANTER 2. SMT. BRUNDA, W/O LATE B VIJAYABHASKARA SHETTY AGED ABOUT 52 YEARS, BOTH ARE RESIDENT OF A1, CASA LAVELLE 4, LAVELLE ROAD, BENGALURU-560 001. …APPELLANTS (BY SRI. S SHAKER SHETTY,ADVOCATE) AND: G. BABU, S/O.GOVINDASWAMY, AGED ABOUT 47 YEARS, PROPRIETOR R/O SRI. MANJUNATH TIMBERS, AVATHI COMPLEX, MALLANDURU ROAD, CHIKMAGALURU CITY. …RESPONDENT (BY SRI. VARDHAMAN V GUNJAL,ADVOCATE) THIS MFA HAS FILED U/O.43 RULE 1(q) OF THE CPC, AGAINST THE ORDER DT.03.11.2018 PASSED ON IA NO.2 IN O.S.NO.28/2018 ON THE FILE OF THE 2ND ADDITIONAL Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11501 MFA No. 9447 of 2018 SENIOR CIVIL JUDGE AND JMFC, CHIKKAMGALUR, ALLOWING IA NO.2 FILED U/O.38 RULE 5 R/W SEC.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 the appellants has submitted that the parties in the suit have settled the matter and the suit is decreed on 19.09.2020 before the Lok Adalat. Therefore, in view of suit having been settled in Lok Adalat, nothing remains in the appeal to consider the case. Therefore, the appeal is dismissed as having become infructuous. SD/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 56