- 1 - HC-KAR NC: 2025:KHC:52813 MFA No. 5918 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.5918 OF 2025 (CPC) BETWEEN: MRS K.KALAVATHY, D/O B.C.KAMAIAH, AGED ABOUT 53 YEARS SUBEDAR PALYA, YESHWANTHPURA, BENGALURU - 560 022. …APPELLANT (BY SRI. ABHIMANYU ARJUN DEVAIAH T., ADVOCATE) AND: MRS. RAJAKUMARI BAI W/O RAGHUNATH SINGH, AGED ABOUT 65 YEARS, R/O 242, 4TH CROSS, SUBEDAR PALYA, YESHWATHAPURA, BENGALURU 560 022. …RESPONDENT (BY SRI M.K.GIRISH, ADV., FOR C/R IN CP NO. 15147/2025 ON IA NO.1) THIS MFA IS FILED UNDER SECTION 104 R/W ORDER XLIII RULE 1(r) OF CPC, AGAINST THE ORDER DT. 11.07.2025 PASSED ON IA.NO.1 IN O.S.NO.4687/2025 ON THE FILE OF I ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-02), REJECTING THE IA NO.1 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC. Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52813 MFA No. 5918 of 2025 THIS APPEAL, COMING ON FOR FURTHER ARGUMENTS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the respondent submitted that the suit in O.S.No.4687/2025 is dismissed for default. Therefore, submitted that the appeal has become infructuous. 2. Hence, the appeal is dismissed as having become infructuous. 3. However, liberty is reserved to the appellant, if the above said suit is restored, then to get revival of this appeal. SD/- (HANCHATE SANJEEVKUMAR) JUDGE PB List No.: 1 Sl No.: 16