- 1 - HC-KAR NC: 2026:KHC:32043 MFA No. 2870 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 2870 OF 2021 BETWEEN: 1. SRI K RAMACHANDRA S/O LATE A. KRISHNAPPA, AGED ABOUT 54 YEARS, 2. SRI K SRINIVASA S/O LATE A. KRISHNAPPA AGED ABOUT 50 YEARS, APPELLANT NO.1 AND 2 R/A NO.72/2 5TH CROSS 3RD MAIN ROAD, JAKKASANDRA VILLAGE, KORAMANGALA POST, BENGALURU - 560 034. 3. A VENKATESH, S/O LATE ANDIYAPPA, AGED ABOUT 65 YEARS, RESIDENT OF JAKKASANDRA VILLAGE, SARJAPURA ROAD, VENKATAPURA POST, BANGALORE - 560 034. 4. SMT. MUNIYAMMA S/O A. VENAKTESH, AGED ABOUT 59 YEARS, RESIDENT OF JAKKASANDRA VILLAGE, SARJAPURA ROAD, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32043 MFA No. 2870 of 2021 VENKATAPURA POST, BANGALORE - 560 034. 5. SMT. QUEENIE W/O K. RAMACHANDRA, AGED ABOUT 41 YEARS, RESIDENT AT NO.49/14 5TH CROSS, 3RD MAIN, JAKKAANDRA VILALGE BANGALORE - 560 034. 6. SMT. DEVI W/O K SRINIVASA AGED ABOUT 39 YEARS RESIDING AT NO.230 5TH 'A' CROSS, 3RD MAIN JAKKASANDRA KORAMANGALA, BANGLAORE - 560 034. …APPELLANTS (BY SRI. ARUN A. GADAG., ADVOCATE) AND: 1. SMT GOWRAMMA D/O LATE ANDIYAPPA AGED ABOUT 60 YEARS, R/AT IBLUR VILLAGE, SARJAPURA ROAD, BANGALORE SOUTH TALUK. 2. SMT. MUNIVENKATAMMA, W/O LATE A KRISHNAPPA, AGED ABOUT 70 YEARS. 3. SMT. PUTTAMMA D/O LATE A. KRISHNAPPA AGED ABOUT 46 YEARS RESPONDENT NO.2 TO 3 ARE RESIDING AT NO.72/2 5TH CROSS, 3RD MAIN ROAD, - 3 - HC-KAR NC: 2026:KHC:32043 MFA No. 2870 of 2021 JAKKASANDRA VILLAGE, KORAMANGALA POST, BANGALORE - 560 034. 4. SRI. M. RAMAIAH S/O LATE MADAIAH, AGED ABOUT 66 YEARS, RESIDING AT NO. 13, 3RD MAIN, 6TH CROSS, JAKKASANDRA EXTENSION, BENGALURU -560 034. 5. SMT. C. SHAKUNTHALA W/O M. RAMAIAH, D/O NARAYANAPPA, AGED ABOUT 64 YEARS, RESIDIDNG AT NO. 13. 3RD MAIN,6TH CROSS, JAKKASANDRA EXTENSION, BENGALURU-560034. 6. SRI. E. DHARMAIAH S/O ERASAIAH, AGED ABOUT 62 YEARS, RESIDING AT NO.20, 7TH CROSS, JAKKASANDRA, KORAMANGALA, BENGALURU-560034. 7. SMT. UMA W/O K.V. RAMACHANDRA REDDY, AGED ABOUT 55 YEARS, RESIDING AT NO.184, HUDCO QUARTERS, 4TH KSRP, 16TH BLOCK, KORAMANGALA, BENGALURU-560034. 8. SRI. RAMESH REDDY S/O A. MUNI REDDY, AGED ABOUT 59 YEARS, RESIDENT OF MANGAMMAANAPALAYA, BEGUR HOBLI, - 4 - HC-KAR NC: 2026:KHC:32043 MFA No. 2870 of 2021 BENGALURU SOUTH TALUK, BENGALURU -560 100. 9. SMT. SULOCHANA W/O ANAJANEYALU, AGED ABOUT 53 YEARS, RESIDING OF JAKKASANDRA GARDEN, NEAR BRICKS FACTORY, BENGALURU -560 034. 10. K. JAYARAMA REDDY S/O K. VENTAKA REDDY, AGED ABOUT 48 YEARS, RESIDING AT NO.395, 1ST 'C' CROSS, 1ST F MAIN, 8TH BLOCK, KORAMANGALA, BENGALURU-560095. 11. SRI. B. C. GURUMURTHY S/O LATE CHIKKABBAIAH, AGED ABOUT 48 YEARS, RESIDING AT NO.83 BOGANAHALLI VILLAGE, PANATHUR POST, VARTHUR HOBLI, BENGALURU -560087. 12. SRI.M. DHANRAJ S/O V. MUNISWAMAPPA, AGED ABOUT 40 YEARS, RESIDING AT NO.77, 4TH CROSS, GIVINAYAKANAHALLI, 1ST STAGE, KUMARASWAMY LAYOUT, BENGALURU -560078. …RESPONDENTS (BY SRI. B. T. INDUSHEKAR., ADVOCATE FOR C/R1) - 5 - HC-KAR NC: 2026:KHC:32043 MFA No. 2870 of 2021 THIS MFA IS FILED U/O. 43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.15.02.2021 PASSED IN O.S.NO.5289/2019 ON THE FILE OF THE XXVII ADDITIONAL CITY CIVIL JUDGE, BENGALURU CITY, ALLOWING IA FILED U/O.39 RULE 1 AND 2 OF CPC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT Learned counsel for the appellants and learned counsel for the caveator/respondent No.1 are present. 2. Learned counsel for the appellants submits that the suit before the trial Court has been disposed of. Hence, the present appeal would not survive for consideration. 3. Placing his submission on record, which is not disputed, the appeal is dismissed as having become infructuous. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK, List No.: 1 Sl No.: 31