- 1 - HC-KAR CNR: KAHC010424012023 NC: 2026:KHC:43114 MFA No. 5574 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 5574 OF 2023 (CPC) BETWEEN: SRI SRINIVASA MURTHY S/O. LATE VENKATASWAMAPPA AGED ABOUT 43 YEARS R/AT NO.228/42, 5TH D CROSS MARIYAPPANAPALYA P. SHANKAR ROAD BHOVI COLONY BANGALORE - 560 056. …APPELLANT (BY SRI SHARATH S. GOWDA, ADVOCATE) AND: 1. MADHUSUDHAN P.S. S/O. LATE B. RAMASHETTY AGED ABOUT 52 YEARS R/AT NO. 162, 1ST MAIN ROAD SHESHADRIPURAM BANGALORE - 560 020. 2. P.S. PREETHAM S/O. LATE B. RAMASHETTY AGED ABOUT 52 YEARS R/AT NO.162 1ST MAIN ROAD SHESHADRIPURAM BANGALORE - 560 020. …RESPONDENTS (BY SRI M.B. CHANDRA CHOODA, ADVOCATE FOR C/R1 AND R2) Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010424012023 NC: 2026:KHC:43114 MFA No. 5574 of 2023 THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) READ WITH SECTION 151 OF CPC, PRAYING TO SET AISDE THE ORDER DATED 04.08.2023 PASSED ON IA.NO.1 IN OS.NO.4712/2023 BY IX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU. 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 appellant and learned counsel for respondents are present. 2. It is submitted that the original suit before the trial Court is dismissed. In view of the same, the present appeal does not survive for consideration. Accordingly, the appeal is dismissed as having become infructuous. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 2