- 1 - HC-KAR NC: 2026:KHC:33012 MFA No. 5777 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 5777 OF 2022 (CPC) BETWEEN: SRI LAKSHMIKANTH A AGED ABOUT 50 YEARS S/O DR S ARMUGHAM NO.878, 13TH MAIN, VINAYAKA LAYOUT NAGARABHAVI II STAGE BANGALORE - 560 072 …APPELLANT (BY SRI. DR. S. ARUMUGHAM, ADVOCATE) AND: 1. SMT K N PUTTAMMA AGED ABOUT 83 YEARS W/O LATE DR NAGESH HATWER C/O DR PUSHPALATHA 2. DR PUSHPALATHA AGED ABOUT 65 YEARS D/O LATE DR NAGESH HATWAR BOTH ARE R/AT NO.1736, SHUBHA PRADA M C ROAD, VIJAYANAGAR BANGALORE - 560 040 …RESPONDENTS (BY SRI. KESHAVA K., ADVOCATE) Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33012 MFA No. 5777 of 2022 THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 13.07.2022 PASSED ON I.A.NO.1 IN OS.NO.5290/2021 ON THE FILE OF THE LVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, CCH-59, BENGALURU, DISMISSING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 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 appellant is present. 2. Learned counsel for the respondents submits that the suit against which the impugned order is challenged has already been disposed of on 23.06.2023. Aggrieved by the dismissal of the said suit, the appellant herein preferred a miscellaneous petition to recall the said order in the original suit, which also has been disposed of on 10.01.2025. Therefore, the present appeal would not survive for consideration any more. - 3 - HC-KAR NC: 2026:KHC:33012 MFA No. 5777 of 2022 3. The submission of learned counsel for the respondents is placed on record. 4. The appeal is dismissed as having become infructuous. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 24