- 1 - HC-KAR NC: 2025:KHC:50418 MFA No. 4445 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.4445 OF 2021 (CPC) BETWEEN: SRI. SYED GAFFAR S/O LAE SYED BADE SAB, AGEDA BOUT 80 YEARS, R/AT CHIKKABETTAHALLI VILLAGE, BENGALURU NORTHTALUK, BENGALURU – 560 097. …APPELLANT (BY SRI. VIJAYA SHEKARA GOWDA V.,ADVOCATE) AND: SRI. MOHAMED IBRAHIM S/O ABDUL KHUDDUS, AGEDA BOUT 56 YEARS, R/AT NO.34, IN SY.NO.9/3, ADITYA NAGAR, 2ND MAIN, 1ST PHASE, CHIKKABETTAHALLI VILLAGE, VIDYARANYAPURA POST, BEGNALURUR – 560 097. …RESPONDENT (BY SRI.S.CHENNARAYA REDDY & SRI.C.SHANKAR REDDY, ADVOCATES) THIS MFA FILED U/O 43 RULE 1(r) OF CPC AGAINST THE ORDER DATED 25.09.2020 PASSED ON I.A.NO.1 IN OS.NO.395/2020 ON THE FILE OF THE XI ADDITIONAL CITY CIVIL JUDGE, BENGALURU CITY, CCH.NO.8, DISMISSING THE Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50418 MFA No. 4445 of 2021 I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 94(c) AND 151 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for the appellant has filed a memo stating that the suit in O.S.No.395/2020 filed before the Trial Court has already withdrawn on 12.11.2022. Hence, prays to dismiss the appeal as having become infructuous. 2. The said memo is placed on record. 3. Accordingly, the appeal is dismissed as having become infructuous. SD/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 21