- 1 - HC-KAR CNR: KAHC010223992023 NC: 2026:KHC:50633 MFA No. 3117 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 3117 OF 2023 (CPC) BETWEEN: MR. CHINNARAJU. V S/O LATE VENKATARAMAN, AGED ABOUT 62 YEARS, R/AT NO. 186, 1ST FLOOR, TELECOM LAYOUT, K.P. AGRAHARA, MAGADI ROAD, 1ST FLOOR BANGALORE - 560 023. …APPELLANT (BY SRI. VIGNESH J. JAIN, ADVOCATE FOR SRI. GOPAL SINGH, ADVOCATE) AND: 1. MR. REHMAN FAHAD S/O FEROZ KHAN, AGED ABOUT 29 YEARS, R/AT NO 175, TELECOM LAYOUT, K.P. AGRAHARA, VIJAYNAGAR, BANGALORE - 560 040. 2. MRS. SARIYA KHANUM W/O REHMAN FAHAD, AGED ABOUT 27 YEARS, R/AT NO. 175, TELECOM LAYOUT, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010223992023 NC: 2026:KHC:50633 MFA No. 3117 of 2023 K.P. AGRAHARA, VIJAYNAGAR, 1ST FLOOR, BANGALORE - 560 040. 3. MR. SYED WASI S/O FATHERS NAME NOT KNOWN TO THE APPELLANT, AGED ABOUT 45 YEARS, R/AT NO. 202, 8TH CROSS, TELECOM LAYOUT, K.P. AGRAHARA, MAGADI ROAD PO, BANGALORE - 560 023. …RESPONDENTS (R1 TO R3 ARE SERVED AND UNREPRESENTED) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 06.02.2023 PASSED ON I.A. NO.1 IN O.S.NO.7071/2022 ON THE FILE OF THE X ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-26), REJECTING I.A. NO.1 FILED UNDER ORDER XXXIX RULES 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 1. Learned counsel for the appellant files a memo. Memo reads as under; "The counsel for the appellant hereby submits that, the main petition in O.S.No.7071/2022 is disposed on 13.12.2024, hence the above appeal may be disposed as infructuous, to meet the ends of justice." - 3 - HC-KAR CNR: KAHC010223992023 NC: 2026:KHC:50633 MFA No. 3117 of 2023 2. The memo is taken on record. In view of the memo, the present appeal would not survive for consideration any more. Hence, the appeal is dismissed as having become infructuous. Sd/- (PRADEEP SINGH YERUR) JUDGE GH List No.: 1 Sl No.: 26