- 1 - HC-KAR NC: 2025:KHC:29448 MFA No. 3834 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 3834 OF 2019 (CPC) BETWEEN: 1. SRI. PUSHPARAJ, AGED ABOUT 48 YEARS, S/O. R. P. KOTIAN, "DHANRAJ", PITHRODI, UDYAVARA VILLAGE, UDUPI-574 118. 2. SRI. RATHNAKAR MENDON, AGED ABOUT 51 YEARS, S/O. U. SOMANATHA KOTYAN, PITHRODI, UDYAVARA VILLAGE, UDUPI-574 118. 3. SRI. DIWAKAR BOLJE, AGED ABOUT 41 YEARS, S/O. VITTALA POOJARY, RESIDING AT "ANCHAN NIVAS", BOLJE, UDHYAVAR VILLAGE, UDUPI-574 118. 4. SRI. UDAYA KUNDER AGED ABOUT 38 YEARS, S/O. DEJU SUVARNA, PITHRODI, UDYAVARA VILLAGE, UDUPI-574 118. …APPELLANTS (BY SRI. PRAVEEN KUMAR K N.,ADVOCATE) Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29448 MFA No. 3834 of 2019 AND: 1. M/S. YASHASWINI FISH MEAL & OIL COMPANY, PITHRODI POST, UDYAVARA, UDUPI DISTRICT-574 118, REPRESENTED BY ITS MANAGING PARTNER, SRI. SADHU SALAIN, S/O. LACCHU KUNDAR, SALMARA, KODAVOOR POST, UDUPI TALUK AND DISTRICT-574 118. …RESPONDENT (BY SRI. K A ARIGA FOR C/R,CP NO 345/19.,ADVOCATE) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 23.2.19 PASSED ON I.A. NO.II IN OS.NO.28/18 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, UDUPI, ALLOWING THE I.A.II FILED UNDER ORDER 39 RULE 1 & 2 OF CPC AND ETC. THIS APPEAL, COMING ON FOR FINAL HEARING, 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 dated 30.07.2025 stating that O.S.No.28/2028 before the trial Court got dismissed on 01.07.2025 and accordingly the present appeal does not survive and appeal may be dismissed as infructuous. 3. The memo is taken on record. - 3 - HC-KAR NC: 2025:KHC:29448 MFA No. 3834 of 2019 4. Therefore, the appeal is dismissed as having become infructuous. SD/- (HANCHATE SANJEEVKUMAR) JUDGE CH List No.: 2 Sl No.: 24