- 1 - HC-KAR NC: 2026:KHC:33509 MFA No. 3388 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 3388 OF 2019 (CPC) BETWEEN: 1. SRI H. SREE BALAJI AGED ABOUT 39 YEARS S/O. K. HANUMANTHAPPA. 2. SMT. PRIYANKA BHAGAT AGED ABOUT 38 YEARS W/O. H. SREE BALAJI. THE APPELLANT NO.1 AND 2 RESIDE TOGETHER #H4, BLOCK-2 SAMHITA SQUARE APARTMENT BASAVANAGAR MAIN ROAD BANGALORE - 560 037. 3. SRI HARSHAVARDHANA BHAGAT AGED ABOUT 32 YEARS S/O. BIJAY KUMAR BHAGAT #G4, BLOCK-2 SAMHITA SQUARE APARTMENT BASAVANAGAR MAIN ROAD BANGALORE - 560 037. 4. SRI K. HANUMANTHAPPA AGED ABOUT 69 YEARS S/O. N. KRISHNAPPA. 5. SMT. ALAMELU AGED ABOUT 64 YEARS W/O. K. HANUMANTHAPPA. THE APPELLANT NO.4 AND 5 RESIDE TOGETHER #8, 14TH CROSS Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33509 MFA No. 3388 of 2019 I BLOCK, AKSHAYANAGAR LAYOUT RAMAMURTHYNAGARA BENGALURU - 560 016. …APPELLANTS (BY SRI SUYOG HERELE E., ADVOCATE) AND: SMT. LATHA CHOODAIAH AGED ABOUT 40 YEARS R/AT NO.203, 4TH 'C' MAIN 2ND CROSS, OMBR LAYOUT BENGALURU - 560 043. …RESPONDENT (NOTICE TO RESPONDENT PARTY-IN-PERSON SMT. LATHA CHOODAIAH IS HELD SUFFICIENT VIDE ORDER DATED 29.01.2021) THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF CPC, 1908, PRAYING TO SET ASIDE ORDER DATED 18.01.2019 PASSED ON I.A.NO.I IN OS.NO.5350/2017 BY V ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU AND ETC. 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 appellants has filed a memo, which reads as under: "The Appellants most humbly submits that the suit in O.S.5350/2017 is decreed in favour of the Appellants vide order dated: 22/04/2024 and the - 3 - HC-KAR NC: 2026:KHC:33509 MFA No. 3388 of 2019 present appeal has become infructuous. Wherefore, this Hon'ble Court may kindly be pleased to take the memo on record and dismiss the present appeal as infructuous." Placing the memo on record, the appeal is dismissed as having become infructuous. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 35