- 1 - HC-KAR NC: 2025:KHC:31053 MFA No. 1105 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 1105 OF 2023 (CPC) BETWEEN: SMT. SHANTHAMMA D/O LATE SRI. KEMPANNA, W/O LATE SRI. PANDURANGA, AGED ABOUT 54 YEARS, R/AT NO.6, 2ND CROSS, CHIKKANNA LAYOUT, SHAMPURA MAIN ROAD, BENGALURU - 560 045. …APPELLANT (BY SRI. PRADEEP NAIK K, ADVOCATE FOR PROPOSED LR'S) AND: 1. SRI. VENKATAPPA S/O LATE SRI CHAENNARAYAPPA, AGED ABOUT 69 YEARS, 2. SMT. AKKAYAMMA W/O SRI VENKATAPPA, AGED ABOUT 65 YEARS. 3. SMT. KEMPAMMA D/O SRI VENKATAPPA, AGED ABOUT 47 YEARS, 4. SRI RAMESH S/O SRI. VENKATAPPA, AGED ABOUT 38 YEARS, 5. SMT LAKSHMI D/O SRI VENKATAPPA, AGED ABOUT 38 YEARS, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31053 MFA No. 1105 of 2023 6. SRI PATALAPPA S/O LATE CHENNARAYAPPA, AGED ABOUT 62 YEARS, 7. SMT KEMPAMMA W/O SRI PATALAPPA, AGED ABOUT 59 YEARS, 8. SMT SHESHAMMA D/O SRI PATALAPPA, AGED ABOUT 33 YEARS, 9. SRI PRATHAP S/O SRI PATALAPPA, AGED ABOUT 32 YEARS, DEFENDANTS NO.1 TO 9 ARE R/AT CHOKKANAHALLI VILLAGE, HESARAGATTA HOBLI, AREKERE POST, BENGALURU NORTH TALUK, BENGALURU DISTRICT. 10. SRI. SANTHOSH P J S/O SRI. P.V. JOSEPH, AGED ABOUT 49 YEARS, 11. SRI. VINCENT JOSEPH S/O SRI. P V JOSEPH, AGED ABOUT 52 YEARS, DEFENDANTS NO. 10 AND 11 ARE R/AT NO.129, 11TH MAIN, 2ND CROSS, JAKKASANDRA BLOCK, KORAMANGALA, BENGALURU - 560 034. …RESPONDENTS (BY SRI. ABHINAY Y.T., ADVOCATE FOR R1, R2, R4 AND R5; SRI. K.N. NARAYANASWAMY, ADVOCATE FOR C/R1 AND R6; SRI. B.V. ANANDA, ADVOCATE FOR R4; R3, R8 AND R9 ARE SERVED) - 3 - HC-KAR NC: 2025:KHC:31053 MFA No. 1105 of 2023 THIS MFA IS FILED U/O.43 RULE 1(r) R/W SEC.151 OF CPC, AGAINST THE ORDER DATED 11.01.2023 PASSED ON IA NO.2 IN MISC. PETITION NO.148/2019 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, REJECTING IA NO.2 FILED U/O.39 RULES 1 AND 2 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the respondents has filed a memo stating that the main Misc.Petition No.148/2019 itself was dismissed on 02.06.2025 and nothing survives for consideration in this appeal. 2. Memo is taken on record. 3. Accordingly, the appeal is dismissed as having become infructuous and pending applications, if any, stands disposed of. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE KA List No.: 1 Sl No.: 7 CT: BHK