- 1 - HC-KAR NC: 2025:KHC-D:8630 MFA No. 102448 of 2024 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 102448 OF 2024 (CPC) BETWEEN: 1. AMINUDDIN @ AMINSAB S/O HUSSAIN SAB KAMMAR @ KAMALDINNI, AGE: 60 YEARS, OCC: AGRICULTURE, R/O: KUSHTAGI, TQ: KUSHTAGI, DIST: KOPPAL-583 277. 2. KASIMSAB S/O HUSSAIN SAB KAMMAR @ KAMLADINNI, AGE: 58 YEARS, OCC: AGRICULTURE, R/O: KUSHTAGI, TQ: KUSHTAGI, DIST: KOPPAL-583 277. 3. SAIFALSAB S/O HUSSAINSAB KAMMAR @ KAMALADINNI, AGE: 53 YEARS, OCC: AGRICULTURE, R/O: KUSHTAGI, TQ: KUSHTAGI, DIST: KOPPAL-583 277. 4. ABDULGANI S/O HUSSAIN SAB KAMMAR @ KAMALADINNI, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: KUSHTAGI, TQ: KUSHTAGI, DIST: KOPPAL-583 277. … APPELLANTS (BY SMT. GAYATRI S.R., ADVOCATE) AND: 1. RAJASAB S/O HUSSAIN SAB KAMMAR @ KAMALADINNI, AGE: 56 YEARS, OCC: BUSINESS, Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8630 MFA No. 102448 of 2024 R/O: KUSHTAGI, NOW RESIDING AT SINDHANUR, TQ: SINDHANUR, DIST: RAICHUR-584 128. 2. MURTUJASAB S/O HUSSAINSAB KAMMAR @ KAMALADINNI, AGE: 66 YEARS, OCC: CARPENTER, R/O: GANDHINAGAR, KUSHTAGI, TQ: KUSHTAGI, DIST: KOPPAL-583 277. … RESPONDENTS (BY MISS SHIVALEELA ARAHUNSI, ADVOCATE FOR R1; R2 – NOTICE SERVED.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(R) OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO SET ASIDE THE ORDER DATED 01.04.2023, PASSED IN R.A.NO.06/2023 ON I.A.NO.2, ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, KUSHTAGI, AND CONSEQUENTLY TO ALLOW THE APPLICATION AND ETC.,. THIS APPEAL COMING ON FOR ORDERS THIS DAY, ORDER IS PASSED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR) Learned counsel for appellant submits that the suit has been disposed of; therefore, the appeal has become infructuous, hence, the appeal may be dismissed as having become infructuous. - 3 - HC-KAR NC: 2025:KHC-D:8630 MFA No. 102448 of 2024 2. Submission of the learned counsel is placed on record. The appeal is dismissed as having become infructuous. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT:BCK LIST NO.: 1 SL NO.: 60