- 1 - HC-KAR CNR: KAHC010231872023 NC: 2026:KHC:50008 MFA No. 2914 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. 2914 OF 2023 (CPC) BETWEEN: 1. SRI. UTHANALLAPPA S/O LATE MUNIKEMPANNA AGED ABOUT 82 YEARS 2. SRI. U. NARAYANASWAMY S/O UTHANALLAPPA AGED ABOUT 58 YEARS 3. SRI. D.U BHAKTHARAJ S/O UTHANALLAPPA AGED ABOUT 49 YEARS 4. SRI. D.U. PARAMESH S/O UTHANALLAPPA AGED ABOUT 42 YEARS ALL ARE RESIDING AT NO.71, OPP. TO BBMP OFFICE DASARAHALLI H.A. FARM BENGALURU - 560 024. …APPELLANTS (BY SRI. P.M. NARAYANASWAMY, ADVOCATE) AND: SRI. M. BHARATH KUMAR S/O N. MUNIYAPPA Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010231872023 NC: 2026:KHC:50008 MFA No. 2914 of 2023 AGED ABOUT 35 YEARS RESIDING AT NO.16, 2ND MAIN ROAD 4TH CROSS, RMV EXTENSION NEAR SINGATURE APARTMENT BHOOPASANDRA BENGALURU - 560 077. …RESPONDENT (BY SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE) THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 19.04.2023 ON I.A.NO.1 IN OS.NO. 981/2023 ON THE FILE OF THE PRL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU, ALLOWING THE 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 files a memo, which reads as under: "The Respondent respectfully submits as under: In view of the dismissal of the suit in O.S.No.981/2023 by the Trial Court vide judgment dated 29.07.2024, the present Miscellaneous Appeal filed challenging the order dated 19.04.2023 has turned infructuous. The respondent herein has filed - 3 - HC-KAR CNR: KAHC010231872023 NC: 2026:KHC:50008 MFA No. 2914 of 2023 RFA No.2194/2024 challenging the judgment dated 29.07.2024 passed in O.S.No.981/2023 which is pending before this Hon'ble Court. Hence, it is humbly prayed before this Hon'ble Court to dismiss the present appeal as become infructuous in the ends of justice." 2. The said memo is taken on record. 3. 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.: 31