- 1 - HC-KAR NC: 2026:KHC:33486 MFA No. 1308 of 2022 C/W MFA No. 2573 of 2022 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. 1308 OF 2022 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO. 2573 OF 2022 IN MFA No. 1308/2022 BETWEEN: R. NARAYAN PRASAD AGED ABOUT 72 YEARS S/O LATE V RANGAIAH RESIDING AT NO.1955 JUDICIAL LAYOUT 8TH MAIN ROAD GKVK POST YELAHANKA BANGALORE - 560 065 …APPELLANT (BY SRI. C M NAGABUSHANA.,ADVOCATE) AND: 1. B. B. RAMASWAMY GOWDA AGED ABOUT 70 YEARS S/O B BETTASWAMY GOWDA EX-MLA, KUNIGAL CONSTITUENCY RESIDIN GAT NO.780 II STAGE WEST OFF CHORD ROAD BASAVESHWARANAGAR BANGALORE - 560 086 Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33486 MFA No. 1308 of 2022 C/W MFA No. 2573 of 2022 2. MRS A H BAGHYALAKSHMI AGED ABOUT 60 YEARS W/O SRI B B RAMASWAMY GOWDA RESIDING AT NO.780 II STAGE WEST OFF CHORD ROAD BASAVESHWARANAGAR BANGALORE - 560 08 3. T VIMALCHAND BANTIYA AGED ABOUT 52 YEARS S/O MR A TEJRAJ NO.626, 13TH CROSS 5TH MAIN, M C LAYOUT VIJAYANAGAR, BENGALURU - 560 040 …RESPONDENTS (BY SRI. SHARATH B GOGI.,ADVOCATE FOR R2 ON IA.NO.3) THIS MFA IS FILED UNDER SECTION 104 READ WITH ORDER 43, RULE 1(r) OF CPC, AGAINST THE ORDER DATED 30.11.2020 PASSED ON I.A. NO.1 IN O.S.NO. 3043/2016 ON THE FILE OF THE I ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH.NO.2), DISMISSING I.A. NO.1 AND 8 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC AND ALLOWING THE I.A.NO8 FILED UNDER ORDER 39 RULE 1(a). IN MFA NO. 2573/2022 BETWEEN: R. NARAYAN PRASAD AGED ABOUT 72 YEARS S/O LATE V RANGAIAH RESIDING AT NO.1955 JUDICIAL LAYOUT 8TH MAIN ROAD, GKVK POST, YELAHANKA, BANGALORE - 560 065 ...APPELLANT (BY SRI. C M NAGABUSHANA.,ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:33486 MFA No. 1308 of 2022 C/W MFA No. 2573 of 2022 AND: 1. B. B. RAMASWAMY GOWDA AGED ABOUT 70 YEARS S/O B BETTASWAMY GOWDA EX-MLA, KUNIGAL CONSTITUENCY RESIDIN GAT NO.780 II STAGE WEST OFF CHORD ROAD BASAVESHWARANAGAR BANGALORE - 560 086 2. MRS A H BAGHYALAKSHMI AGED ABOUT 60 YEARS W/O SRI B B RAMASWAMY GOWDA RESIDING AT NO.780 II STAGE WEST OFF CHORD ROAD BASAVESHWARANAGAR BANGALORE - 560 08 3. BHARAT PETROLEUM CORPORATION LTD. A COMPANY INCORPORATED IN INDIA HAVING ITS REGISTERED OFFICE AT BHARAT BHAVAN 4 AND 6 CURRIMOBHY ROAD BALLARD ESTATE MUMBAI - 400 001 REPRESENTED BY ITS MANAGING DIRECTOR ...RESPONDENTS (BY SRI. SHARATH S GOGI.,ADVOCATE FOR R2 ON IA) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 30.11.2020 PASSED ON I.A. NO.3 IN O.S.NO.35/2017 ON THE FILE OF THE I ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH NO. 2), ALLOWING I.A. NO.3 FILED UNDER ORDER 39 RULE 1 (a) READ WITH SECTION 151 OF CPC. - 4 - HC-KAR NC: 2026:KHC:33486 MFA No. 1308 of 2022 C/W MFA No. 2573 of 2022 THESE APPEALS, 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 appellant files a memo, which reads as under: "In MFA.No.1308/2022 The Appellant submits that, the above appeal arises from the order by the Learned Judge and Trial Court in O.S.No.3043/2016 on the file of Additional City Civil and Sessions Judge, Bengaluru. During the pendency of the above appeal, the suit in O.S.No.3043/2016, has been dismissed for non prosecution vide order dated 16-11-2025. As such the present appeal does not survive for consideration. Wherefore the appellant humbly pray that, this Hon'ble Court be pleased to dismiss the above appeal, as having become infructuous in the interest of justice and equity. In MFA.No.2573/2022 The Appellant submits that, the above appeal arises from the order by the Learned Judge and Trial Court in O.S.No.35/2017 on the file of Additional City Civil and Sessions Judge, Bengaluru. During the pendency of the above appeal, the suit in O.S.No.35/2017, has been dismissed for non prosecution - 5 - HC-KAR NC: 2026:KHC:33486 MFA No. 1308 of 2022 C/W MFA No. 2573 of 2022 vide order dated 16-11-2024. As such the present appeal does not survive for consideration. Wherefore the appellant humbly pray that, this Hon'ble Court be pleased to dismiss the above appeal, as having become infructuous in the interest of justice and equity" 2. Learned counsel for the appellant submits that the appeals may not survive for consideration, as it has become infructuous. 3. The said memos are taken on record. 4. Accordingly, the appeals stands dismissed as having become infructuous. Sd/- (PRADEEP SINGH YERUR) JUDGE PHM List No.: 1 Sl No.: 39