- 1 - HC-KAR NC: 2026:KHC:32308 MFA No. 1819 of 2021 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. 1819 OF 2021 (CPC-) BETWEEN: SRI V SUBRAMANI S/O LATE VENKATASWAMY, AGED ABOUT 45 YEARS, R/AT NO.46, 1ST FLOOR, 2ND MAIN, 4TH CROSS, GURURAJA LAYOUT, THYAGARAJANAGAR BENGALURU -560 028. …APPELLANT (BY SRI.H.M.GOPAL & SRI. LAKSHMINARAYANA RAO K R.,ADVOCATE (ABSENT)) AND: SRI SHIVA SHANKAR R AGED ABOUT 46 YEARS, S/O. LATE RAJAPPA, R/AT NO.211, NO.15, MARUTHI LAYOUT, SHIVA TEMPLE, KUDLU, MADIWALA, BOMMANAHALLI, BENGALURU-560 068. …RESPONDENT (BY SRI.SANTOSH KUMAR C.,ADVOCATE FOR C/R) THIS MFA IS FILED U/S.43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED. 20.10.2020, PASSED ON IA NO.I IN O.S. NO.3790/2020, ON THE FILE OF THE XLIV-ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-45), DISMISSING THE IA NO.I, FILED U/O.39 RULES 1 AND 2 R/W. SEC.151 OF CPC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32308 MFA No. 1819 of 2021 CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT There was no representation on either side in the morning session. Again, when the matter is called in the post-lunch session, there is no representation on either side. 2. On verifying the trial court proceedings, it has come to the knowledge of this Court that suit itself has been dismissed for default on 10.07.2023. Therefore, the present appeal will not survive for consideration. 3. Accordingly, the appeal stands dismissed as having become infructuous. Sd/- (PRADEEP SINGH YERUR) JUDGE GSS List No.: 1 Sl No.: 29