- 1 - HC-KAR NC: 2026:KHC:11431 MFA No. 5164 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M MISCELLANEOUS FIRST APPEAL NO.5164 OF 2021 (CPC) BETWEEN: SRI H.G.NAGARAJU, S/O LATE H G GUNDAPPA, AGED ABOUT 48 YEARS, R/AT 471, 4TH AND 5TH CROSS, HOODI, WHITEFILED ROAD, MAHADEVAPURA POST, BANGALORE-560048. …APPELLANT (BY SRI. RAJESH GOWDA, ADVOCATE) AND: SMT SUMITHRAMMA, W/O NANJE GOWDA, AGED ABOUT 40 YEARS, DEVANAHALLI VILLAGE, JANGAMOAKOTE HOBLI, SHIDLAGHATTA TQ, CHIKKABALLAPUR DISTRICT-562102 …RESPONDENT (BY SRI. MADHUSUDAN, ADVOCATE FOR SRI. VISWANATHA SETTY V., ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF THE CODE OF CIVIL PROCEDURE. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:11431 MFA No. 5164 of 2021 THIS MISCELLANEOUS FIRST APPEAL IS LISTED FOR ADMISSION, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: ORAL JUDGMENT Sri.Rajesh Gowda, counsel for the appellant and Sri.Madhusudhan Rao, counsel on behalf of Sri.Viswanatha Setty V., for the respondent appeared in person. 2. The appeal is filed to set aside the order dated 22.03.2021 passed by the Court of Senior Civil Judge and JMFC, Sidlaghatta on I.A.No.3 in O.S.No.96/2020. 3. Counsel appearing for the respective parties jointly submit that the suit has been withdrawn on 23.01.2026. 4. The submission about the withdrawal of the suit is placed on record. 5. As the appeal is filed under Order XLIII of CPC challenging the interim application in the suit and the suit itself has been withdrawn by the plaintiff, hence, nothing - 3 - HC-KAR NC: 2026:KHC:11431 MFA No. 5164 of 2021 survives for consideration in the appeal. Accordingly, the appeal is disposed of. SD/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 47