- 1 - HC-KAR CNR: KAHC010240972019 NC: 2026:KHC:52321 MFA No. 6466 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 6466 OF 2019 (CPC) BETWEEN: SHRI. SUBHASHCHANDRA MODI AGED ABOUT 64 YEARS S/O MAHANTHAPPA MODI R/AT NO.700/2, M C MODI ROAD MODI HOSPITAL BUILDING MAHALAKSHMIPURAM BANGALORE - 560 086 ALSO AT MODI MOTORS NO.869/1 AND 2, P.B. ROAD, DAVANAGERE - 577 006 …APPELLANT (BY SRI. GANGADHARA D.C., ADVOCATE) AND: 1. SMT. BHAGYALAKSHMI W/O M. SRINIVAS AGED ABOUT 51 YEARS REISDING AT NO.223 1ST FLOOR, 3RD MAIN 8TH CROSS, 1ST STAGE 5TH PHASE, MAHAGANAPTHINAGAR BANGALORE - 560 010 Digitally signed by VINUTHA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010240972019 NC: 2026:KHC:52321 MFA No. 6466 of 2019 2. MR S PREETHAM AGED ABOUT 26 YEARS S/O M SRINIVAS RESIDING AT NO.223, 1ST FLOOR 3RD MAIN, 8TH CROSS 1ST STAGE, 5TH PHASE MAHAGANAPATHINAGAR BANGALORE - 560 010 3. MISS PRIYANKA AGED ABOUT 29 YEARS D/O M SRINIVAS RESIDING AT NO.223, 1ST FLOOR, 3RD MAIN, 8TH CROSS 1ST STAGE, 5TH PHASE MAHAGANAPATHINAGAR BANGALORE - 560 010 4. MR M SRINIVAS S/O MUNITHIMMANNA AGED ABOUT 59 YEARS RESIDING AT NO.223, 1ST FLOOR 3RD MAIN, 8TH CROSS 1ST STAGE, 5TH PHASE MAHAGANAPATHINAGAR BANGLAORE - 560 010 …RESPONDENTS (BY SRI. AJIT P.B., ADVOCATE FOR C/R1-R4) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, 1908, AGAINST THE ORDER DATED 15.07.2019 PASSED ON I.A.NO.1 IN O.S.NO.2105/2016 ON THE FILE OF THE 55TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU - 3 - HC-KAR CNR: KAHC010240972019 NC: 2026:KHC:52321 MFA No. 6466 of 2019 (CCH-56), DISMISSING I.A. NO.1 FILED UNDER ORDER 39 RULE 1 & 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 the appellant is present and submits that the original suit proceedings have been dismissed before the trial Court. 2. In view of the same, the present appeal does not survive for consideration. Accordingly, the appeal is dismissed as having become infructuous. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK, List No.: 1 Sl No.: 27