- 1 - HC-KAR NC: 2025:KHC:25773 MFA No. 8449 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 8449 OF 2023 (CPC) BETWEEN: SRI. SHREEDARA S/O SRI. ASHWATHEGOWDA AGED ABOUT 46 YEARS RESIDING AT NO.18 VENKATESHWARA NIVASA 2ND CROSS, SUBBANNACHARI LANE COTTONPETE, BENGALURU-560 053 …APPELLANT (BY SRI. JAYAKIRTHI M.C, ADVOCATE) AND: M/S. HARISH INN A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.144/1 AND 144/2 NEXT TO NALANDA THEATER MYSORE ROAD BENGALURU-560 018 1 MR. S. VISHNU SHANKAR S/O P.K. SATHASIVA RAJA AGED ABOUT 34 YEARS 2. MR. P.K. SATHASIVA RAJA S/O LATE MR. KODHANDA RAJA AGED 62 YEARS 3. MRS. S. RANI W/O P.K. SATHASIVA RAJA Digitally signed by ANJALI M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25773 MFA No. 8449 of 2023 AGED ABOUT 52 YEARS RESPONDENTS NO.1 TO 3 RESIDING AT NO. 132/B MAPPILLAL SUBBARAJA STREET RAJAPALAYAM TAMILNADU - 626 117 …RESPONDENTS (BY SRI. JAGADEESH P, ADVOCATE FOR C/R1-R3) THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 25.10.2023 PASSED ON I.A.NO.1 IN OS.NO.3748/2022 ON THE XXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, CCH-31, BENGALURU, REJECTING THE I.A.NO.1 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 JUSTICE RAMACHANDRA D. HUDDAR ORAL JUDGMENT Learned counsel for the appellant submits that already the suit is withdrawn pending before the Trial Court and he fairly submits that this appeal has become infructuous. - 3 - HC-KAR NC: 2025:KHC:25773 MFA No. 8449 of 2023 The submission of the learned counsel for the appellant is placed on record. This appeal is dismissed as having become infructuous. Sd/- (RAMACHANDRA D. HUDDAR) JUDGE AM List No.: 1 Sl No.: 25