- 1 - HC-KAR NC: 2025:KHC:29040 MFA No. 3840 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. 3840 OF 2018 (CPC) BETWEEN: SMT. PANKAJA MAHADEVAIAH W/O A.MAHADEVAIAH, R/AT 1696, 15TH MAIN 30TH CROSS, BANASHANKARI 2ND STAGE, BENGALURU-560 070. …APPELLANT (BY SRI. GURU PRASANNA S., ADVOCATE) AND: DR. KUMARSWAMY KRISHNAPPA S/O AKRISHNAPPA, NO.245/1, A GOVINDA SHETTY PALYA ROAD, NEAR ANUGRAHA HOSPITAL KONAPPANA AGRAHARA, BANGALORE SOUTH, ELECTRONIC CITY, BANGALORE-560 100. …RESPONDENT (BY SRI. RAJENDRA.M.S. & SMT. MAYA HOLLA., ADVOCATES FOR C/R) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.26.04.2018 PASSED ON IA NO.1 IN O.S.NO.2541/2018 ON THE FILE OF THE XLIV ADDITIONAL Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29040 MFA No. 3840 of 2018 CITY CIVIL & SESSIONS JUDGE, BENGALURU (CCH-45), ALLOWING IA NO.1 FILED U/O.39 RULE 1&2 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 appellant has filed a memo stating that, after the demise of Smt.Pankaja Mahadeviah/Appellant, the cause of action did not survive against the LRs of Smt.Pankaja Mahadeviah. Hence, by order dated 31.08.2024, the learned trial Court dismissed the suit in O.S.No.2541/2018 as abated and therefore the appeal may be disposed of as having become infructuous. 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.: 9