- 1 - HC-KAR NC: 2025:KHC:34199 MFA No. 4870 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 4870 OF 2022 (CPC) BETWEEN: 1. SRI. K. MOHAN S/O. LATE H. KARIYAPPA, AGED ABOUT 66 YEARS, R/AT NO. 202/C, GROUND, 25TH CROSS, 6TH B MAIN, 3RD BLOCK, JAYANAGARA, BENGALURU - 560 011. 2. SMT. INDIRA K. DEVADAS D/O. LATE H. KARIYAPPA, AGED ABOUT 79 YEARS, R/AT OLD NO. 202/C, NEW NO.1, GROUND FLOOR, 25TH CROSS, 6TH B MAIN, 3RD BLOCK, JAYANAGARA, BENGALURU - 560 011. 3. SMT. DR. SHARADA K. JAIN D/O. LATE H. KARIYAPPA, AGED ABOUT 73 YEARS, R/AT NO. 2655, WOOD GATE, DRIVE APARTMENT NO. 240, ST. JOSEPH ML-49085, UNITED STATES OF AMERICA. 4. SMT. VIJAYA KARIYAPPA Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34199 MFA No. 4870 of 2022 D/O. LATE H. KARIYAPPA, WIFE OF J. RAMAKRISHNA, AGED ABOUT 70 YEARS, R/AT 94, 4TH MAIN, PRAMOD LAYOUT, PANTHARAPALYA, BENGALURU - 560 039. 5. SMT. ROOPA R SINGH D/O. LATE H. KARIYAPPA, WIFE OF SOMAKANTH SINGH, AGED ABOUT 64 YEARS, R/AT NO. 15237, E-RIVER L.A., LAMIRADA, C.A. 90638-4755, UNITED STATES OF AMERICA. APPELLANT NO.2, 3 AND 5 ARE REPRESENTED APPELLANT NO.4 BY THEIR GPA HOLDER SMT. VIJAYA KARIYAPPA. …APPELLANTS (BY SRI. MADHUKAR NADIG, ADVOCATE AND SRI. K. NAGARAJ KARANTH, ADVOCATE) AND: 1. SMT. S. PARVATHI WIFE OF SRI. K. MOHAN, AGED ABOUT 56 YEARS, R/AT NO. 202/C, FIRST FLOOR, NEW NO.1 , 25TH CROSS, 6TH B MAIN, 3RD BLOCK, JAYANAGARA, BENGALURU - 560 011. 2. SRI. VENKATESH. B S/O. LATE B. BALAPPA, AGED ABOUT 55 YEARS, R/AT NO. 937, 2ND FLOOR, - 3 - HC-KAR NC: 2025:KHC:34199 MFA No. 4870 of 2022 11TH CROSS, 14TH MAIN ROAD, SRINAGAR, BENGALURU - 560 050. …RESPONDENTS (BY SRI. SUNIL AMBI, ADVOCATE FOR C/R1) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 11.03.2022 PASSED ON I.A. NO.I AND II IN O.S.NO. 5930/2021 ON THE FILE OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-15), BENGALURU, PARTLY ALLOWING I.A. NO.I AND II FILED UNDER ORDER XXXIX RULES 1 AND 2 READ WITH SECTION 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 appellants has filed a memo dated 01.09.2025 seeking leave of the Court to withdraw the appeal, stating that the impugned suit itself is disposed of, therefore, the instant appeal has become infructuous. - 4 - HC-KAR NC: 2025:KHC:34199 MFA No. 4870 of 2022 2. Placing the memo on record the instant appeal is dismissed as having become infructuous. SD/- (HANCHATE SANJEEVKUMAR) JUDGE NG List No.: 1 Sl No.: 11 CT: BHK