- 1 - HC-KAR NC: 2026:KHC:30337 MFA No. 3632 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 3632 OF 2021 (CPC) BETWEEN: 1. SMT. KALAVATHI W/O. LATE ASHWATH AGED ABOUT 56 YEARS. 2. SMT. MANJULA D/O. LATE ASHWATH AGED ABOUT 37 YEARS. 3. SRI SRINIVAS S/O. LATE ASHWATH AGED ABOUT 35 YEARS. 4. SMT. CHAITHANYA S/O.LATE ASHWATH AGED ABOUT 30 YEARS. ALL ARE R/AT NO. 404 PERAMID APARTMENT NEAR SHARAVATHI KALYAN MANTAPAM, DODDAKALLASANDRA BENGALURU SOUTH TALUK BENGALURU - 560 062. …APPELLANTS (BY SRI VISWANATHA SETTY V., ADVOCATE) AND: 1. SMT. SUSHEELAMMA W/O. LATE MUNIRAJU AGED ABOUT 60 YEARS. 2. SRI M. SRIKANTHA Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30337 MFA No. 3632 of 2021 S/O. LATE MUNIRAJU AGED ABOUT 42 YEARS. 3. SRI M. PRAKASH BABU S/O. LATE MUNIRAJU AGED ABOUT 38 YEARS. 4. SRI M. RAVI S/O. LATE MUNIRAJU AGED ABOUT 33 YEARS. NO.1 TO 4 ARE R/AT R/AT FLAT NO.401, RAIN DROPS APARTMENT UMA MAHESHWARI LAYOUT DODDAKALLASANDRA VILLAGE KANAKAPURA MAIN ROAD BENGALURU - 560 062. 5. SRI ASHWATHYANARAYANA S/O. LATE CHIKKA KUNNAPPA AGED ABOUT 56 YEARS R/AT NO.48, 1ST MAIN GANESHA TEMPLE ROAD DEAD END, NEAR BACHAPPA BUILDING DODDAKALLASANDRA KANAKAPURA MAIN ROAD BENGALURU SOUTH TALUK BENGALURU - 560 062. 6. SMT. HEMAVATHI D/O. LATE AMMAYAMMA AGED ABOUT 49 YEARS. 7. SMT. HEMALATHA D/O. LATE AMMAYAMMA AGED ABOUT 47 YEARS. 8. SRI SREEDHAR S/O. LATE AMMAYAMMA AGED ABOUT 47 YEARS. - 3 - HC-KAR NC: 2026:KHC:30337 MFA No. 3632 of 2021 9. SMT. MAMATHA D/O. LATE AMMAYAMMA AGED ABOUT 39 YEARS. 10. SRI HEMANTH KUMAR S/O. LATE AMMAYAMMA AGED ABOUT 38 YEARS. NO.6 TO 10 ARE R/AT NO.304, FIRST FLOOR TEMPLE RESIDENCY KUVEMPU NAGAR DODDAKALLASANDRA - 560 062. AND ALSO AT NO.70 KUNNAPPA BUILDING OPP. STATE BANK OF INDIA DODDAKALLASANDRA BENGALURU SOUTH TALUK BENGALURU - 560 062. 11. SMT. ASHWATHAMMA D/O. LATE CHIKKA KUNNAPPA @ LATE MUNIYAMMA W/O KRISHNASWAMY AGED ABOUT 51 YEARS R/AT NO. 193/4 1ST CROSS ROAD 8TH MAIN ROAD SANEGORUVANAHALLI AASVESWARANAGAR BENGALURU - 560 079. 12. SMT. SHANTHAMMA W/O. LATE MUNIRAJU AGED ABOUT 62 YEARS. 13. SRI M. DEVARJAU S/O. LATE MUNIRAJU AGED ABOUT 45 YEARS. - 4 - HC-KAR NC: 2026:KHC:30337 MFA No. 3632 of 2021 NO.12 AND 13 ARE R/AT DODDAKALLASANDRA VILLAGE NEAR ESHWARA TEMPLE KANAKAPURA MAIN ROAD BENGALURU - 560 062. 14. THE DIVISIONAL OFFICER BENGALURU METRO RAIL CORPORATION LTD. NAMMA METRO, 3RD FLOOR BMTC COMPLEX, SHANTHINAGAR BENGALURU - 560 027. 15. M/S LUBE REGIONAL OFFICE NO. 77, 2ND FLOOR OLD MADRAS ROAD NEAR TIN FACTORY, K.R. PURAM BENGALURU - 560 016. 16. M/S. HPCL RETAIL AND DIRECT SALES REGIONAL OFFICE SWAMY VIVEKANANDA ROAD PAI LAYOUT, NEAR TIN FACTORY MAHADEVAPURA BENGALURU - 560 010. 17. SMT. SAVITHRAMMA W/O. DAYANANDA SAGAR K.S. AGED ABOUT 54 YEARS R/AT NO. 138 FF:1MDS RESIDENCY 3RD CROSS, 3RD MAIN RAMANJANEYA NAGARA CHIKKALLASANDRA BENGALURU - 560 061. …RESPONDENTS (BY SRI N.S. VISWANATHA, ADVOCATE FOR R1 TO R4; SRI K. KRISHNA, ADVOCATE AND SMT. VASANTHA, ADVOCATE FOR R14; MS. NAKSHA G. SAPPE, ADVOCATE FOR SRI GAURAV SINGH GAUR, ADVOCATE FOR R15 TO R16; - 5 - HC-KAR NC: 2026:KHC:30337 MFA No. 3632 of 2021 NOTICE TO R5 TO R13 AND R17 IS HELD SUFFICIENT VIDE COURT ORDER DATED 19.11.2021) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,1908 AGAINST THE ORDER DATED 12.01.2021 PASSED ON I.A. NO.1 IN O.S.NO. 26186/2020 ON THE FILE OF THE 74TH ADDITONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-75), ALLOWING I.A. NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT Learned counsel for appellants, learned counsel for respondent No.14 and learned counsel for respondent Nos.15 and 16 are present. 2. Learned counsel for appellants submits that the parties have amicably settled the dispute. 3. The said submission is taken on record. 4. Learned counsels for respondent Nos.14, 15 and 16 are agreed with the fact that the matter has been settled amicably and that the suit itself is disposed of on 04.07.2022. - 6 - HC-KAR NC: 2026:KHC:30337 MFA No. 3632 of 2021 In view of the said submission, the present appeal would not survive for consideration. Hence, the appeal is dismissed as having become infructuous. In view of dismissal of the appeal, pending interlocutory application, if any, does not survive for consideration and the same pales into insignificance. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 24