- 1 - HC-KAR CNR: KAHC010605652023 NC: 2026:KHC:42571 MFA No. 7907 of 2023 C/W MFA No. 8066 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 7907 OF 2023 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO. 8066 OF 2023 (CPC) IN MFA No. 7907/2023 BETWEEN: 1. SRI JAYANTHILAL N. SHAH AGED ABOUT 93 YEARS S/O. LATE N.P.SHAH R/AT FLAT NO.221, NAGARATHPET 1ST FLOOR, BANGALORE - 560 002. NOW RESIDING AT 5/1 NORTH PUBLIC SQUARE BASAVANAGUDI BANGALORE - 560 004. 2. SMT. ESHA G. SHAH AGED ABOUT 33 YEARS D/O. GIRISH J. SHAH RESIDING AT NO. 5/1 NORTH PUBLIC SQUARE BASAVANAGUDI BANGALORE - 560 004. 3. PUNIT N. SHAH AGED ABOUT 37 YEARS S/O. LATE N.J. SHAH PREVIOUSLY RESIDING AT NO.106, VENKATESHWARA MARKET 120 AVENUE ROAD BANGALORE - 560 002 Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010605652023 NC: 2026:KHC:42571 MFA No. 7907 of 2023 C/W MFA No. 8066 of 2023 NOW AT: NO.804, 8TH FLOOR BARTON CENTRE, NO.84 M.G. ROAD, BANGALORE - 560 001. (APPELLANTS NOS. 1 AND 2 ARE REPRESENTED BY THEIR GPA HOLDER APPELLANT NO.3) …APPELLANTS (BY SRI S. KRISHNA, ADVOCATE FOR SMT. SUMANA NAGANAND, ADVOCATE) AND: LATE SRI RAJKUMAR MENON SINCE DECEASED REP. BY HIS LEGAL REPRESENTATIVE. 1. SMT. GEETA RAJKUMAR MENON W/O. LATE SRI RAJKUMAR MENON AGED ABOUT 84 YEARS R/A. G-350, 10TH B-CROSS STREET PANAMPILLY NAGAR, NEAR SOUTH INDIA BANK, KOCHI - 682 036. 2. SRI RAGHUNATH S. MAJOR, S/O. LATE H. SHANKAR FLAT NO.306, 17 C MAIN 3RD BLOCK, RAJAJINAGAR BANGALORE - 560 010. SRI R. VENKATESH S/O. OF LATE M.V. RAMANNA MAJOR, R/A NO. 21/1, 11TH CROSS KATTHRIGUPPA MAIN ROAD BANGALORE - 560 050 (DEFENDANT NO.01, DIED ON 05.06.2023 SINCE HE WAS ONLY A SPECIAL POWER OF ATTORNEY HOLDER OF DECEASED ORIGINAL PLAINTIFF - 3 - HC-KAR CNR: KAHC010605652023 NC: 2026:KHC:42571 MFA No. 7907 of 2023 C/W MFA No. 8066 of 2023 (RAJKUMAR MENON) HIS LEGAL REPRESENTATIVES ARE NOT NECESSARY PARTIES TO THE PRESENT APPEAL) …RESPONDENTS (BY SRI T. SESHAGIRI RAO, ADVOCATE FOR R1; R2 SERVED-UNREPRESENTED) THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) READ WITH SECTION 104 OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 30.10.2023 PASSED ON I.A.NO.XXII IN OS.NO.562/2010 BY III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI. IN MFA NO. 8066/2023 BETWEEN: 1. SRI JAYANTHILAL N. SHAH AGED ABOUT 93 YEARS S/O. LATE N.P.SHAH R/AT FLAT NO.221, NAGARATHPET 1ST FLOOR, BANGALORE - 560 002. NOW RESIDING AT 5/1 NORTH PUBLIC SQUARE BASAVANAGUDI BANGALORE - 560 004. 2. SMT. ESHA G. SHAH AGED ABOUT 33 YEARS D/O. GIRISH J. SHAH RESIDING AT NO.5/1 NORTH PUBLIC SQUARE BASAVANAGUDI BANGALORE - 560 004. 3. PUNIT N. SHAH - 4 - HC-KAR CNR: KAHC010605652023 NC: 2026:KHC:42571 MFA No. 7907 of 2023 C/W MFA No. 8066 of 2023 AGED ABOUT 37 YEARS S/O. LATE N.J. SHAH PREVIOUSLY RESIDING AT NO.106, VENKATESHWARA MARKET 120 AVENUE ROAD BANGALORE - 560 002. NOW AT: NO.804, 8TH FLOOR BARTON CENTRE, NO.84 M.G. ROAD, BANGALORE - 560 001. (APPELLANTS NOS. 1 AND 2 ARE REPRESENTED BY THEIR GPA HOLDER APPELLANT NO.3) ...APPELLANTS (BY SRI S. KRISHNA, ADVOCATE FOR SMT. SUMANA NAGANAND, ADVOCATE) AND: LATE SRI RAJKUMAR MENON SINCE DECEASED REP. BY HIS LEGAL REPRESENTATIVE. 1. SMT. GEETA RAJKUMAR MENON W/O. LATE SRI RAJKUMAR MENON AGED ABOUT 84 YEARS R/A. NO. G-350, 10TH B-CROSS STREET PANAMPILLY NAGAR, NEAR SOUTH INDIA BANK, KOCHI - 682 036. 2. SRI RAGHUNATH S. MAJOR, S/O. LATE H. SHANKAR FLAT NO. 306, 17 C MAIN 3RD BLOCK, RAJAJINAGAR BANGALORE - 560 010. 3. SRI R. VENKATESH S/O. OF LATE M.V. RAMANNA, - 5 - HC-KAR CNR: KAHC010605652023 NC: 2026:KHC:42571 MFA No. 7907 of 2023 C/W MFA No. 8066 of 2023 MAJOR, R/A. NO.21/1, 11TH CROSS KATTHRIGUPPA MAIN ROAD BANGALORE - 560 050. (DEFENDANT NO. 01, DIED ON 05.06.2023 SINCE HE WAS ONLY A SPECIAL POWER OF ATTORNEY HOLDER OF DECEASED ORIGINAL PLAINTIFF (RAJKUMAR MENON) HIS LEGAL REPRESENTATIVES ARE NOT NECESSARY PARTIES TO THE PRESENT APPEAL). ...RESPONDENTS (BY SRI T. SESHAGIRI RAO, ADVOCATE FOR R1; R2 SERVED-UNREPRESENTED) THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) READ WITH SECTION 151 OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 30.10.2023 PASSED ON I.A.NO.XXIII IN OS.NO.562/2010 BY III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI. THESE APPEALS, 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, who is present before the Court, submits that the original suit before the trial Court came to be disposed of on 15.04.2026. - 6 - HC-KAR CNR: KAHC010605652023 NC: 2026:KHC:42571 MFA No. 7907 of 2023 C/W MFA No. 8066 of 2023 2. The said submission is taken on record. 3. In view of the same, the present appeals do not survive for consideration anymore. Accordingly, the appeals are dismissed as having become infructuous. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 26