- 1 - HC-KAR CNR: KAHC010361552021 NC: 2026:KHC:50019 MFA No. 4867 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 4867 OF 2021 (CPC) BETWEEN: 1. SRI. RUDRESH B.V, S/O SRI. VEERABHADRE GOWDA, AGED ABOUT 30 YEARS, 2. SMT. MAMATHA R W/O SRI. RUDRESH, AGED ABOUT 30 YEARS, BOTH RESIDING AT FLAT NO.3A, 3RD FLOOR, SAI RAM RESIDENCY, SITE NO.52, 53, 54 AND 55, IBBALURU VILLAGE, BEGUR HOBLI, BENGALURU - 560 102. …APPELLANTS (BY SRI. PRASHANTH H.S, ADVOCATE) AND: 1. SMT. BHARATHI C D/O H.P. CHIKKARAMA REDDY, W/O SRI. M. RAMAKRISHNA REDDY, AGED ABOUT 50 YEARS, R/AT NO.667, "SRI KUTEERA", 22ND A MAIN ROAD, H.S.R LAYOUT, SECTOR-II, BENGALURU - 560 102. Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010361552021 NC: 2026:KHC:50019 MFA No. 4867 of 2021 2. SRI. MANJUNATH C S/O SRI. H.P. CHIKKARAMA REDDY, AGED ABOUT 48 YEARS, R/AT NO.1635, 26TH MAIN, H.S.R LAYOUT, SECTOR-II BENGALURU - 560 102. 3. SMT. VEENA C D/O SRI. H.P. CHIKKARAMA REDDY, W/O SRI. PARANDAMA REDDY M, AGED ABOUT 45 YEARS, R/AT NO.667, "SRI KUTEERA", 22ND A MAIN ROAD, H.S.R LYAOUT, SECTOR-II, BENGALURU - 560 102. …RESPONDENTS (BY MISS. MAHESHWARI, ADVOCATE FOR SRI. HARISH H.V, ADVOCATE FOR R1 TO R3) THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 27.04.2019 PASSED IN OS.NO.3078/2019 ON THE FILE OF THE XXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY CCH-30, DISMISSING THE I.A. NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR - 3 - HC-KAR CNR: KAHC010361552021 NC: 2026:KHC:50019 MFA No. 4867 of 2021 ORAL JUDGMENT There is no representation for the appellants. 2. Ms. Maheshwari, learned counsel appearing on behalf of respondent Nos.1 to 3, is present and submits that the suit on hand was filed by the appellants/plaintiffs before the trial Court seeking relief of permanent injunction, restraining the respondents/defendants from dispossessing the appellants/plaintiffs from the 'B' Schedule property except in accordance with due process of law. 3. Learned counsel for the respondents contends that the respondents had filed a separate suit for ejectment against the appellants herein in O.S.No.4553/2019, which came to be decreed on 01.07.2022 directing the appellants, who were the defendants therein, to vacate and hand over vacant possession of the suit schedule property. - 4 - HC-KAR CNR: KAHC010361552021 NC: 2026:KHC:50019 MFA No. 4867 of 2021 4. In pursuance to said judgment and decree dated 01.07.2022, the appellants-tenants have handed over the possession of the suit schedule property. Therefore, the present suit does not survive for consideration. 5. Having regard to the submission made by the learned counsel for the respondents, it appears that the present appeal has become infructuous in view of a decree passed in favour of the respondents in O.S.No.4553/2019 and the appellants-tenants having handed over possession of the suit schedule property. Accordingly, the present appeal would not survive for consideration anymore. 6. In view of the submissions made by the learned counsel for the respondents, the appeal is dismissed as having become infructuous. Sd/- (PRADEEP SINGH YERUR) JUDGE GJM/List No.: 1 Sl No.: 25