- 1 - HC-KAR NC: 2026:KHC:32087 MFA No. 2185 of 2025 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. 2185 OF 2025 (CPC) BETWEEN: SRI.S.S.HARI S/O SRI. S.S. DEVARAJU, AGED ABOUT 32 YEARS, RESIDING AT NO.54, 6TH CROSS, 4TH BLOCK, RMV 2ND STAGE, MLA LAYOUT, BANGALORE-560 094. …APPELLANT (BY SRI. K.B. NAVEEN KUMAR.,ADVOCATE) AND: SMT.ASHA SHAM GHATAGE, W/O SRI. SHAM BHIMA GHATAGE, AGED ABOUT 56 YEARS, RESIDING AT FLAT NO.1001, C BLOCK, MANTRI GREENS APARTMENT, SAMPIGE ROAD, MALLESHWARAM, BENGALURU-560 003. …RESPONDENT (BY SRI.VIDYASAGAR H.V, ADVOCATE FOR SRI.KEMPARAJU.,ADVOCATE FOR C/RESPONDENT) THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 20.03.2025 PASSED ON I.A.NOS.1 AND 2 IN OS.NO.455/2025 ON THE FILE OF THE XV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CCH-3, DISMISSING THE IA.NO. 1 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC AND ALLOWING THE IA.NO.2 FILED UNDER ORDER 39 RULE 4 OF CPC. Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32087 MFA No. 2185 of 2025 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT There is no representation on behalf of appellant. Learned counsel for the respondent is present. 2. This Court vide order dated 25.03.2025 directed the Inspector of Police, Sanjaynagar Police Station to submit a report as to whether the plaintiff is in physical possession of the suit house or whether the defendant is in physical occupation of the suit house. Until then, an order of status quo was to be maintained. Pursuant thereto, the Jurisdictional Police i.e., Sanjaynagar Police Station, Bengaluru has filed a report. The report is annexed. 3. The gist of the report is that, the house is currently occupied by Mr.Shama B. Ghatage and his family members. No tenants are found occupying the suit premises. Neighbors have given their witness stating that Mr.Shama B Ghatage has been living in the said house - 3 - HC-KAR NC: 2026:KHC:32087 MFA No. 2185 of 2025 since past one week. The appellant/plaintiff has vacated the house. In view of the same, the present appeal would not survive any more for consideration. Accordingly, this appeal is dismissed. Sd/- (PRADEEP SINGH YERUR) JUDGE GSR List No.: 1 Sl No.: 23