- 1 - HC-KAR NC: 2025:KHC:29034 MFA No. 6750 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. 6750 OF 2018 (CPC) BETWEEN: 1. SRI. CHANDANMAL PREMACHAND S/O PREMCHAND AGED ABOUT 86 YEARS, (SINCE DEAD LRS ARE ALREADY ON RECORD) 2. SOHANLAL CHANDANMAL S/O CHANDANMAL PREMACHAND AGED 60 YEARS, 3. PRAKASH CHAND CHANDANMAL S/O CHANDANMAL PREMACHAND AGED 56 YEARS, 4. MANJUBAI SOHANIAL W/O SOHANIAL CHANDANMAL AGED 57 YEARS, 5. SANTOSH DEVI W/O PRAKASH CHAND CHANDANMAL AGED 55 YEARS, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29034 MFA No. 6750 of 2018 ALL ARE R/AT NO.112, GOVINDAPPA ROAD, GANDHI BAZAAR, BASAVANAGUDI BENGALURU-560 004. …APPELLANTS (BY SRI. B.RAMESH., ADVOCATE) AND: 1. S K RAYALI BAI D/O CHANDANMAL PREMCHAND, AGED 66 YEARS, R/AT NO.11, 5TH MAIN, OPP MOTIMAHAL, GANDHINAGAR, BENGALURU-560 009. 2. SAJJAN BAI D/O CHANDANMAL PREMCHAND, AGED 64 YEARS, R/AT NO.77 DIAGONAL ROAD, VV PURAM, BENGALURU-560 004. 3. KANCHAN BAI D/O CHANDANMAL PREMCHAND, AGED 62 YEARS, R/AT NO.76/2, 3RD FLOOR, RANGA RAO ROAD, NEXT TO KESHAVA KRUPA, SHANKARAPURAM, BENGALURU-560 004. 4. MAINA BAI D/O CHANDANMAL PREMCHAND, AGED 58 YEARS, VDB CELADON APARTMENT, FLAT NO.305, 34D, FLOOR, - 3 - HC-KAR NC: 2025:KHC:29034 MFA No. 6750 of 2018 SHIVANAHALLI, JAKKUR MAIN ROAD, YELAHANKA, BENGALURU-560 064. 5. DAPU BAI D/O CHANDANMAL PREMCHAND, AGED 54 YEARS, R/AT NO.112/1, GOVINDAPPA ROAD, GANDHI BAZAR, BENGALURU-560 004. …RESPONDENTS (BY SRI. S.SHAKER SHETTY FOR ADVOCATE FOR C/R1) (R2 TO R5 ARE SERVED) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.18.07.2018 PASSED ON IA NO.1 IN O.S.NO.4035/2017 ON THE FILE OF THE LXVI ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY (CCH NO.67), ALLOWING THE IA NO.1 FILED U/O.39 RULE 1&2 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR - 4 - HC-KAR NC: 2025:KHC:29034 MFA No. 6750 of 2018 ORAL JUDGMENT Learned counsel for the appellants filed a memo dated 29.07.2025 which reads as under: "The appellants above named respectfully submit that, the appeal filed by the appellants has become infructuous as the suit bearing O.S.No.4035/2017 on the file of LXVI Additional City Civil and Sessions Judge, Bengaluru filed by the 1st respondent has sought to the dismissed by the 1st respondent by filing a memo and in view of the same the said suit is dismissed under its order dated 16.12.2024. Hence, this memo may be accepted and the appeal may be dismissed as same has become infructuous in the interest of justice and equity." 2. The memo is taken on record. 3. Therefore, the appeal is dismissed as having become infructuous. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RCK, List No.: 1 Sl No.: 5