- 1 - HC-KAR NC: 2025:KHC:28940 MFA No. 6041 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 6041 OF 2018 (CPC) BETWEEN: SRI. THANGAPANDI S/O SRI. MUTHUSWAMY AGED ABOUT 57 YEARS, RESIDING AT NO.140/1, "SYSTEM ALLOYS", NAGAVARA, THANISANDRA MAIN ROAD, ARABIC COLLEGE POST, BANGALORE - 77. …APPELLANT (BY SRI. A. GUNASEKARAN, ADVOCATE) AND: 1. THE COMMISSIONER BRUAHTH BANGALURU MAHANGARA PALIKE, N R ROAD, BENGALURU - 560 001. 2. ASSISTANT EXECUTIVE ENGINEER HBR LAYOUT SUB-DIVISION, 5TH MAIN ROAD, 3RD BLCOK, BBMP. BENGALURU. 3. SUB-INSPECTOR OF POLICE BMTF POLICE STATION, BBMP CENTRAL OFFICE, N R ROAD, BENGALURU - 01. Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28940 MFA No. 6041 of 2018 4. THULASIDHARAN NAIR, S/O LATE GOVINDA KURUP, AGED ABOUT 69 YEARS, RESIDING AT NO.68, 19TH CROSS 5TH BLOCK, HBR LAYOUT BEHIND AKSHAYA RESIDENCY NAGAWARA SIGNAL, KALYANAGAR P.O, BENGALURU - 560 043. 5. MRS. SHAKILA JAHAN D/O MOHAMMED SHAIHABUDDIN NADVI, AGED ABOUT 42 YEARS, RESIDING AT NO.82, 9TH F MIAN IST CROSS, BTM 1ST STAGE, BENGALURU - 560 029. 6. MR. MUZAMMIL AHMED S/O MR. TUFALUR RAHMAN, AGED AOUT 24 YEARS, RESIDING AT NO.10, SY NO.138, NAGAWARA, THANISANDRA MAIN ROAD, BENGALURU - 560 077. 7. MRS. JABEEN KHAN W/O JABBAR KHAN AGED ABOUT 54 YEARS, RESIDING AT NO.8, WILLIAM TOWN, BENGALURU - 560 043. …RESPONDENTS (BY SRI. SHIVANANDA METI, ADVOCATE FOR R1 AND R2; SRI. ABHISHEK K, ADVOCATE FOR R4; SRI. IRSHAD AHMED K, ADVOCATE FOR R7; R3 IS SERVED) *** THIS MFA IS FILED U/O. 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 20/03/2018, PASSED ON IA.NO.II, IN O.S. NO.26238/2017, ON THE FILE OF THE XXVIII ADDITIONAL CITY CIVIL JUDGE, MAYOHALL UNIT, (CCH-29), BENGALURU, DISMISSING THE IA.NO.II FILED U/O.39 RULE 1 AND 2 OF CPC. - 3 - HC-KAR NC: 2025:KHC:28940 MFA No. 6041 of 2018 THIS MFA, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellant submits that the appeal has become infructuous. 2. His submission is placed on record. The appeal is dismissed as having become infructuous. SD/- (HANCHATE SANJEEVKUMAR) JUDGE BMV* List No.: 1 Sl No.: 19 CT: BHK