- 1 - HC-KAR NC: 2025:KHC:40910 MFA No. 6663 of 2022 C/W MFA No. 6666 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 6663 OF 2022 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO. 6666 OF 2022 IN MFA No. 6663/2022 BETWEEN: 1. SRI M L SHANKAR AGED ABOUT 70 YEARS, S/O M N LINGEGOWDA 2. SRI S VENUGOPAL AGED ABOUT 40 YEARS, S/O M L SHANKAR, 3. SRI S RAVISHANKAR AGED ABOUT 38 YEARS, S/O M L SHANKAR, 4. SMT GEETHA S AGED ABOUT 36 YEARS, D/O M L SHANKAR, ALL ARE RESIDING AT 'SHARADA NIVAS', DESAI GARDEN, NO 27, UTTARAHALLI, VASANTHAPURA MAIN ROAD, BENGALURU- 560 061. …APPELLANTS (BY SRI. ROHAN HOSMATH., ADVOCATE) Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40910 MFA No. 6663 of 2022 C/W MFA No. 6666 of 2022 AND: DR. B. C. KALMATH AGED ABOUT 53 YEARS, S/O LATE C S KALMATH, R/A NO.1503, DELPHI BUILDING, RAHEJA GARDEN, LBS MARG, THANE WEST- 400604 REPRESENTED BY HIS UNCLE AND GPA HOLDER SRI. IS KALMATH S/O S B KALMATH …RESPONDENT (BY SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE FOR C/R) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, 1908, AGAINST THE ORDER DATED 12.09.2022 PASSED ON I.A. NO.2 IN O.S.NO. 3624/2022 ON THE FILE OF THE LXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, C/c XXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH 30), ALLOWING THE I.A. NO.2 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC. IN MFA NO. 6666/2022 BETWEEN: 1. SRI M L SHANKAR AGED ABOUT 70 YEARS, S/O M N LINGEGOWDA 2. SRI S VENUGOPAL AGED ABOUT 40 YEARS, S/O M L SHANKAR, 3. SRI S RAVISHANKAR AGED ABOUT 38 YEARS, S/O M L SHANKAR, - 3 - HC-KAR NC: 2025:KHC:40910 MFA No. 6663 of 2022 C/W MFA No. 6666 of 2022 4. SMT GEETHA S AGED ABOUT 36 YEARS, D/O M L SHANKAR, ALL ARE RESIDING AT 'SHARADA NIVAS', DESAI GARDEN, NO.27, UTTARAHALLI, VASANTHAPURA MAIN ROAD, BENGALURU- 560 061. ...APPELLANTS (BY SRI. ROHAN HOSMATH, ADVOCATE) AND: DR B C KALMATH AGED ABOUT 53 YEARS, S/O LATE C S KALMATH R/A NO 1503, DELPHI BUILDING, RAHEJA GARDEN, LBS MARG, THANE WEST- 400604 REPRESENTED BY HIS UNCLE AND GPA HOLDER SRI IS KALMATH S/O S B KALMATH ...RESPONDENT (BY SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE) THIS MFA IS FILED U/O.43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DT.12.09.2022 PASSED ON IA NO.3 IN O.S.NO.3624/2022 ON THE FILE OF THE LXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, C/c. XXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, (CCH-30), DISMISSING IA NO.3 FILED U/O.39 RULE 4 R/W SEC.151 OF CPC. THESE APPEALS, 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:40910 MFA No. 6663 of 2022 C/W MFA No. 6666 of 2022 ORAL JUDGMENT It is submitted that the main suit itself is disposed of and nothing survives for consideration in these appeals. Hence, the appeals may be dismissed as infructuous. Placing the submission on record, the appeals are dismissed as having become infructuous. SD/- (HANCHATE SANJEEVKUMAR) JUDGE KA List No.: 1 Sl No.: 12