- 1 - HC-KAR NC: 2025:KHC:25778 MFA No. 4465 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 4465 OF 2018 (CPC) BETWEEN: SRI G T SIDDALINGASWAMY @ SIDDALINGAIAH, S/O LATE ARCHAKA THAMMAIH AGED ABOUT 50 YEARS, R/AT GANGASANDRA, 11TH WARD, MALEKOTE POST, TUMAKURU CITY-572 102 …APPELLANT (BY SRI. K S MALLIKARJUNAIAH., ADVOCATE) AND: 1. SRI G B RENUKAPRASAD S/O LATE G.S. BASAPPA, AGED 56 YEARS, 2. SRI.SHAMBARADHYA S/O LATE G.S.BASAPPA, AGED 54 YEARS, BOTH ARE R/AT GANGASANDRA, 11TH WARD, MELEKOTE POST, TUMAKURU CITY-572 010. 3. SMT.VINUTHA W/O DHAKSHINA MURTHY, R/AT NO.18, SHIVASANDRA VILLAGE, NITTUR HOBLI, GUBBI TALUK, TUMKURU DISTRICT-572 216. …RESPONDENTS (BY SRI. JEETHU R S, FOR R1 & R2.,ADVOCATE, SRI. S.T.MAHESH, ADV. FOR R3, SRI.MADHU.N.RAO, ADV. FOR R3. ) Digitally signed by ANJALI M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25778 MFA No. 4465 of 2018 THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 28.05.2018 PASSED ON I.A. NOs. 1 & 2 IN O.S.NO. 265/2017 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., TUMAKURU, PARTLY ALLOWING I.A. NO.1 FILED UNDER ORDER 39 RULE 1 & 2 CPC, PARTLY ALLOWING I.A.NO.2 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL JUDGMENT Smt.Sunitha C., learned counsel, appeared through video conference and submits that this appeal has become infructuous and prays for the dismissal. 2. Submission of the counsel for the appellant is placed on record. 3. Accordingly, appeal is dismissed as having become infructuous. Sd/- (RAMACHANDRA D. HUDDAR) JUDGE TIN List No.: 1 Sl No.: 17