- 1 - HC-KAR CNR: KAHC010007022021 NC: 2026:KHC:46917 MFA No. 817 of 2021 C/W MFA No. 1236 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 817 OF 2021 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO. 1236 OF 2021 IN MFA No. 817/2021 BETWEEN: S. DEVARAJ @ S.DEVARAJ MODALIYAR, S/O SAMPANGI MODALIYAR, AGED ABOUT 50 YEARS, BUSINESS, PROPRIETOR SRI. MAHADEVI FASHIONS @ MAHADEVI FASHION @ MAHADEVI FASHIONS, MEDEHALLI ROAD, OPPOSITE TO FIRE STATION, CHITRADURGA, R/O 1ST CROSS, DHARUKA BADAVANE, JOGIMATTI ROAD, CHITRADURGA – 577 501. …APPELLANT (BY SRI. R. SHASHIDHARA., ADVOCATE) AND: 1. H. CHUDAMANI, D/O HANUMANTHAPPA, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010007022021 NC: 2026:KHC:46917 MFA No. 817 of 2021 C/W MFA No. 1236 of 2021 AGED ABOUT 60 YEARS, ASSISTANT ADMINISTRATIVE OFFICER, IN LIC OF INDIA, CHITRADURGA BRANCH, P.B. ROAD, CHITRADURGA, R.O. V.P. EXTENSION MAIN ROAD, V.P. EXTENSION, OPPOSITE TO SRI SAIBABA TEMPLE, NEAR PETROL BUNK, CHITRADURGA TOWN – 577 501. 2. THE BRANCH MANAGER, LIC OF INDIA, P.B. ROAD, CHITRADURGA TOWN – 577 501. 3. THE SENIOR DIVISIONAL MANAGER, DIVISIONAL OFFICE, LIC OF INDIA, SAGAR ROAD, SHIMOGA – 577 201. 4. THE ZONAL MANAGER, LIC OF INDIA, ZONAL OFFICE, SECUNDERABAD, HYDERABAD, ANDHRA PRADESH – 500 003. …RESPONDENTS (BY SRI.SARAVANA P., ADVOCATE FOR R2 TO R4; R1 IS SERVED AND UNREPRESENTED) THIS MFA IS FILED U/O.43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 21.12.2020 PASSED ON IA.NO.II, IN O.S. NO.139/2020 ON THE FILE OF THE IST ADDITIONAL SENIOR CIVIL JUDGE, CHITRADURGA, REJECTING THE IA.NO II FILED - 3 - HC-KAR CNR: KAHC010007022021 NC: 2026:KHC:46917 MFA No. 817 of 2021 C/W MFA No. 1236 of 2021 UNDER SECTION 94(e) READ WITH ORDER 39 RULE 1 AND 2 OF CPC. IN MFA NO. 1236/2021 BETWEEN: 1. P. KRISHNA MURTHY, S/O MALLESHAPPA, AGED ABOUT 50 YEARS, BUSINESS, MURTHY TEXTILES AND MURTHY TAILORS, B.D. ROAD, CHITRADURGA TOWN, R/O 4TH CROSS, JCR EXTENSION, CHITRADURGA – 577 501. ...APPELLANT (BY SRI. R. SHASHIDHARA., ADVOCATE) AND: 1. H. CHUDAMANI, W/O HANUMANTHAPPA, AGED ABOUT 60 YEARS, ASSISTANT ADMINISTRATIVE OFFICER IN LIC OF INDIA, CHITRADURGA BRANCH, P.B. ROAD, CHITRADURGA, R.O. V.P. EXTENSION MAIN ROAD, V.P. EXTENSION, OPPOSITE TO SRI SAIBABA TEMPLE, NEAR PETROL BUNK, CHITRADURGA TOWN – 577 501. 2. THE BRANCH MANAGER, LIC OF INDIA, P.B. ROAD, CHITRADURGA TOWN – 577 501. - 4 - HC-KAR CNR: KAHC010007022021 NC: 2026:KHC:46917 MFA No. 817 of 2021 C/W MFA No. 1236 of 2021 3. THE SENIOR DIVISIONAL MANAGER, DIVISIONAL OFFICE, LIC OF INDIA, SAGAR ROAD, SHIMOGA – 577 201. 4. THE ZONAL MANAGER, LIC OF INDIA, ZONAL OFFICE, SECUNDERABAD, HYDERABAD, ANDHRA PRADESH – 500 003. ...RESPONDENTS (BY SRI.SARAVANA P., ADVOCATE FOR R2 TO R4; R1 IS SERVED AND UNREPRSENTED) THIS MFA IS FILED U/O.43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 21.12.2020 PASSED ON IA NO.2 IN O.S.NO.136/2020 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, CHITRADURGA, REJECTING IA NO.2 FILED U/S.94(e) R/W ORDER 39 RULE 1 AND 2 OF CPC. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR - 5 - HC-KAR CNR: KAHC010007022021 NC: 2026:KHC:46917 MFA No. 817 of 2021 C/W MFA No. 1236 of 2021 ORAL JUDGMENT Learned counsel for the respondents submits that the original suit before the Trial Court has been decreed with costs. Therefore, the present appeals may not survive for consideration. 2. Submission is placed on record and the same is verified by the Court officer. 3. Accordingly, the appeals are dismissed as having become infructuous. Sd/- (PRADEEP SINGH YERUR) JUDGE BH List No.: 1 Sl No.: 29