- 1 - HC-KAR NC: 2025:KHC-D:9638 MFA No. 100978 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 01ST DAY OF AUGUST 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 100978 OF 2024 BETWEEN: 1. SURESH S/O GOVINDRAO MURALKAR AGE. 61 YEARS, OCC. AGRICULTURE, R/O. DYAMAVVANA GUDI ONI, GARAG, TQ. & DIST. DHARWAD-580105 …APPELLANT (BY SRI. V.P VADAVI, ADV) AND: 1. VIJAYASHREE @ VIJAYALAXMI W/O . VINAYAK MURALKAR AGE. 57 YEARS, OCC. HOUSEHOLD R/O. FLAT NO-C-16, CELLAR FLOOR, ADITYA APARTMENT, KALAGHATAGI ROAD, SARASWATPUR, DHARWAD-580002. 2. KESHAVRAO S/O GOVINDRAO MURALKAR AGE. 66 YEARS, OCC. PENSIONER, R/O. NEAR POLICE STATION, GARAG, TQ. & DIST. DHARWAD-580105. 3. DUSHYANTA S/O GOVINDRAO MURALKAR AGE. 55 YEARS, OCC. BUSINESS, R/O. 1574, GROUND FLOOR, 12TH CROSS, A-MAIN, KALYAN NAGAR, TQ. DASARHALLI, DIST. BENGALURU-560057. 4. PAVAN S/O KESHAVRAO MURALKAR AGE. 35 YEARS, OCC. PVT. SERVICES R/O. C/O. KESHAVRAO MURALKAR NEAR POLICE STATION, GARAG TQ. & DIST. DHARWAD-580105 VINAYAKA B V Digitally signed by VINAYAKA B V Date: 2025.08.11 16:06:59 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9638 MFA No. 100978 of 2024 (NOTE: INDIRABAI W/O GOVINDRAO MURALKAR (SINCE DECEASED BY HER LRs No.2 and 3 are ALREADY ON RECORD) …RESPONDENTS (BY SRIYUTHS. R.S. CHAVADI AND G.G.GADAG, ADVS FOR R1; NOTICE TO R2 TO R4 DISPENSED WITH) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, 1908, PRAYING TO THE ORDER PASSED BY THE LOWER APPELLATE COURT ON IA NO.VI IN O.S.NO.1/2022 DATED 10.01.2024 VIDE ANNEXURE- A MAY PLEASE BE SET ASIDE BY ALLOWING THE APPEAL. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) Learned counsel for the appellant submits that due to passage of time, the appeal has become infructuous. Submission is placed on record. The appeal is dismissed as having become infructuous. Consequently, I.A.1/2024 does not survive for consideration. Accordingly, the same is disposed of. Sd/- (ASHOK S. KINAGI) JUDGE kmv CT:BSB