- 1 - HC-KAR CNR: KAHC010276052022 NC: 2026:KHC:45925 MFA No. 4471 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 4471 OF 2022 (CPC) BETWEEN: SMT N GOWRAMMA W/O LATE SRI NAJAPPA, AGED 60 YEARS, R/AT 14/3-1, 1TH CROSS, MUNKRISHNAPPA LAYOUT, ADUGODI BENGALURU - 560 030. …APPELLANT (BY SRI. SOHANI A HOLLA., ADVOCATE) AND: 1. SRI ANIL K S/O SRI KEMPE GOWDA N.J, AGED 34 YEARS, R/AT: 14/1, 1ST CROSS, MUNIKRISHNAPPA LAYOUT, ADUGODI, BENGALURU - 560 030. 2. THE ASSISTANT EXECUTIVE ENGINEER, BRUHATH BENGALURU MAHANAGARA PALIKE, BBMP OFFICE, KORAMANGALA, BENGALURU - 560 030. …RESPONDENTS (BY SRI. BATHE GOWDA. K.V., ADV. FOR R2; R1 IS SD. & UNREP.) Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010276052022 NC: 2026:KHC:45925 MFA No. 4471 of 2022 THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 25.10.2021 PASSED ON I.A. NO.1 IN O.S.NO.5074/2020 ON THE FILE OF THE XXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-36), ALLOWING I.A. NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 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 respondent No.2 is present and has filed an online copy of the original suit proceedings, and learned counsel for the appellant is present and has filed a memo stating that the suit has been withdrawn on 05.12.2023. 2. Placing the same on record, this appeal would not survive for consideration anymore. Hence, the appeal is dismissed as having become infructuous. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK, List No.: 1 Sl No.: 26