- 1 - HC-KAR NC: 2025:KHC:31720 MFA No. 3770 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.3770 OF 2019 (CPC) BETWEEN: MRS. SARAMMA JOSEPH THANNICKAL W/O JOSEPH THANNICKAL AGED 72 YEARS RESIDING AT NO.24, HUTCHINS ROAD 6TH CROSS, ST. THOMAS TOWN POST BANGALORE – 560 084 REPRESENTED BY GPA HOLDER MRS VINITA HENSION , W/O KENNETH AGED 48 YEARS, RESIDING AT NO.24, HUTCHINS ROAD 6TH CROSS, ST. THOMAS TOWN POST BANGALORE – 560 084 …APPELLANT (BY SRI. N VASUDEVAN, ADVOCATE) AND: 1. SRI BYREGOWDA S/O M SRINIVAS AGED ABOUT 37 YEARS RESIDING AT HENNUR VILLAGE KASABA HOBLI, BANGALORE NORTH TALUK, BANGALORE -560 084 2. SMT MADHU D/O M SRINIVAS RESIDING AT SHANIMAHATMA TEMPLE ROAD Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31720 MFA No. 3770 of 2019 HENNUR CROSS, KALYANNAGAR POST BANGALORE – 560 043 …RESPONDENTS (BY SRI. T. SESHAGIRI RAO, ADVOCATE FOR R1 & R2) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, PRAYING TO a) PASS INJUNCTION ORDER AGAINST THE DEFENDANTS IN O.S.NO.16596/2006 ON THE FILE OF THE XIII ADDL. CITY CIVIL AND SESSIONS JUDGE CCH-22, BANGALORE DATED 26.04.2019; b) ALLOW THE IA NO.14, FILED BY PLAINTIFF UNDER ORDER 39 RULE 1 & 2 READ WITH SECTION 151 CPC; c) APPOINT COURT COMMISSIONER TO INSPECT THE SCHEDULE PROPERTY UNDER ORDER 26 RULE 9 OF CPC, TO ASSIST THE COURT; c) ALLOW THIS MFA WITH COSTS; d) GRANT SUCH OTHER APPROPRIATE RELIEF AS THIS HON’BLE COURT DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. 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 submitted that the suit has been disposed of. Therefore, the appeal has become infructuous. 2. The submission of learned counsel for the appellant is placed on record. - 3 - HC-KAR NC: 2025:KHC:31720 MFA No. 3770 of 2019 3. Accordingly, appeal is dismissed as having become infructuous. SD/- (HANCHATE SANJEEVKUMAR) JUDGE MH/- List No.: 1 Sl No.: 37