- 1 - HC-KAR NC: 2026:KHC:32028 RSA No. 635 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 635 OF 2021 (RES) BETWEEN: BHARATH KUMAR S/O. LATE PARAS MAL, AGED ABOUT 50 YEARS, PROVISIONAL STORE BUSINESS, R/O. C. N. ROAD, OPP GOVT. HOSPITAL, BHADRAVATHI - 577 301, SHIVAMOGGA DISTRICT. …APPELLANT (BY SRI. P.N. HARISH, ADVOCATE) AND: DR. S.D. RAMAIAH S/O. LATE DODDA NINGAPPA, AGED ABOUT 73 YEARS, R/O. 10B, 25 FEET ROAD, SARASWATHIPURAM, HALASURU, BENGALURU - 560 001. …RESPONDENT (BY SRI. PRITHVI RAJ B.N, ADVOCATE FOR C/R) THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 06.07.2020 PASSED IN RA.No.87/2018 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC BHADRAVATHI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 10.09.2018 PASSED IN OS.No.160/2016 ON THE FILE OF THE III ADDITIONAL CIVIL JUDGE AND JMFC, BHADRAVATHI. Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32028 RSA No. 635 of 2021 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER A memo is filed by learned counsel for the respondent. Memo reads as under: “I undersigned counsel for the caveator/respondent respectfully submits that the appellant has handed over the possession of the suit schedule property in favour of respondent. Hence, the appeal may be disposed of as having become infructuous in the interest of justice and equity.” Placing the memo on record, appeal stands dismissed as it has rendered infructuous. However, if the contents of the memo are incorrect, appellant is permitted to revive the appeal by filing necessary application. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 57