- 1 - HC-KAR CNR: KAHC010236212023 NC: 2026:KHC:50022 MFA No. 2957 of 2023 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. 2957 OF 2023 (CPC) BETWEEN: SRI. G. SELVAKUMAR SON OF SRI. GURUSWAMY AGED ABOUT 50 YEARS, RESIDING AT NO.242/3, GROUND FLOOR, 18TH CROSS, 7TH MAIN, SADASHIVANAGAR, BANGALORE - 560 080 SINCE DECEASED NOW BY HIS LRS 1. SMT. SARALA G N WIFE OF LATE SRI. G. SELVAKUMAR AGED ABOUT 50 YEARS, 2. MR. ARJUN SELVA KUIMAR S/O LATE G. SELVA KUMAR AGED ABOUT 29 YEARS, 3. GURU SHARAN SELVA KUMAR S/O LATE SRI. G. SELVAKUMAR AGED ABOUT 20 YEARS, NO.1 TO 3 ARE RESIDING AT NO.242/3, GROUND FLOOR, 18TH CROSS, 7TH MAIN, SADASHIVANAGAR, BANGALORE - 560 080. …APPELLANTS (BY SRI. NAVEEN KUMAR M, ADVOCATE (ABSENT)) Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010236212023 NC: 2026:KHC:50022 MFA No. 2957 of 2023 AND: THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, BANGALORE - 560 003. …RESPONDENT (BY SRI. AADEESH P, ADVOCATE FOR SRI. B.S. SACHIN, ADVOCATE) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 01.04.2023 PASSED ON I.A.NO.1 IN O.S.NO. 25559/2020 ON THE FILE OF THE LXXIV ADDITIONAL HON BLE CITY CIVIL AND SESSIONS JUDGE (MAYO HALL ((CCH-75), BENGALURU. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT There is no representation for the appellant. 2. Learned counsel for the respondent, who is present, has filed a memo along with the Judgment and Decree dated 03.08.2026 passed in O.S.No.25559/2020 by LXXIV Additional City Civil and Sessions Judge, - 3 - HC-KAR CNR: KAHC010236212023 NC: 2026:KHC:50022 MFA No. 2957 of 2023 Bengaluru. The said suit has been decreed in favour of the plaintiff. 3. In view of the Judgment and Decree passed by the trial Court, the present appeal does not survive for consideration. Accordingly, the appeal is dismissed as having become infructuous. In view of dismissal of the appeal, pending interlocutory application, if any, does not survive for consideration and the same pales into insignificance. Sd/- (PRADEEP SINGH YERUR) JUDGE GJM List No.: 1 Sl No.: 32