- 1 - HC-KAR NC: 2025:KHC:29039 MFA No. 3118 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 3118 OF 2018 (CPC) BETWEEN: 1. SRI. VINAYAKA TEMPLE AND CHARITABLE TRUST, REPRESENTED BY MANAGING TRUSTEE, SMT.K.SHANTHI, AGED ABOUT 41 YEARS, W/O LATE SRI.E.KRISHNA MURTHY. 2. MASTER K.MAHESH KUMAR AGED ABOUT 16 YEARS, S/O LATE SRI.E.KRISHNA MURTHY, 3. MASTER K.ROHITH KUMAR AGED AOUT 15 YEARS, S/O LATE SRI.E.KRISHNA MURTHY, TRUSTEE, TRUSTEE, THE TRUSTEE NO.2 AND 3 ARE BEING THE MINORS AND THEY ARE REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN SMT.K.SHANTHI THE MANAGING TRUSTEE. ALL ARE R/AT NO.24, VINAYAKA TEMPLE ROAD, KACHARAKANAHALLI, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29039 MFA No. 3118 of 2018 BENGALURU-560 084. …APPELLANTS (BY SRI. SUKUMARAN.G., ADVOCATE) AND: 1. MR. E.THAGARAJAN AGED ABOUT 42 YEARS, S/O LATE SRI.K.ELUMALI, RESIDING AT # 67, 2ND 'H' CROSS, KAMMANAHALLI, ST.THOMAS TOWN P.O., BENGALURU-560 084. …RESPONDENT (BY SRI. SURESH KUMAR.S., ADVOCATE FOR C/R) THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DT.27.03.2018 PASSED ON I.A.NO.1 IN O.S.NO.4343/2017 ON THE FILE OF THE XVI ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BANGALORE, (CCH-12), DISMISSING I.A.NO.1 FILED U/O 39 RULE 1 & 2 R/W SEC.151 OF CPC. THIS APPEAL, 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 appellants filed a memo stating that the main suit before the trial Court got dismissed on 14.03.2025 and accordingly the present appeal does not survive and appeal may be dismissed as infructuous. - 3 - HC-KAR NC: 2025:KHC:29039 MFA No. 3118 of 2018 3. The memo is taken on record. 4. Therefore, the appeal is dismissed as having become infructuous. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RCK List No.: 2 Sl No.: 6