- 1 - HC-KAR CNR: KAHC010437022019 NC: 2026:KHC:50513 MFA No. 8028 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO.8028 OF 2019 (CPC) BETWEEN: 1. NEELAKANTAN PRAKASH AGE 39 YEARS SON OF R. NEELAKANTAN. 2. R. NEELAKANTAN AGED ABOUT 64 YEARS SON OF LATE SRI A. RAJAGOPAL. BOTH ARE RESIDING AT NO.1090 SHIRADI SAI KRUPA, 1090 19TH "A" MAIN ROAD J.P.NAGAR, II PHASE BANGALORE - 560 078. …APPELLANTS (BY SRI HANUMANTHARAJU H., ADVOCATE) AND: 1. NEELAKANTAN SURESH SON OF R. NEELAKANTAN AGED ABOUT 41 YEARS SHIRADI SAI KRUPA, NO.1090 19TH "A" MAIN ROAD, 3RD CROSS J. P. NAGAR, II PHASE, BANGALORE - 560 078. 2. D. S. OM PRAKASH AGED ABOUT 56 YEARS, SON OF LATE D. V. SEETHARAMAIAH RESIDING AT NO.26 30TH MAIN, 5TH CROSS Digitally signed by VINUTHA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010437022019 NC: 2026:KHC:50513 MFA No. 8028 of 2019 COLLEGE TEACHERS LAYOUT BSK III STAGE BANGALORE - 560 085. 3. SMT. JK CHANDRAKALA AGED ABOUT 47 YEARS W/O SHRIHARI NAIDU V. (ADVOCATE) NO.3, 1ST CROSS SUDHAMANAGAR LALBAGH ROAD BANGALORE - 560 027. …RESPONDENTS (BY SRI S.D.N. PRASAD, ADVOCATE FOR R3) THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 22.08.2019 PASSED ON I.A.NO.1 IN O.S.NO.4167/2019 BY III ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, 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 on behalf of the appellants. 2. Learned counsel for respondent No.3 has filed a memo, which reads as under: "The Appellants have challenged the order passed on I.A.No.1 in O.S.No.4167/2019. The said suit came to be dismissed for non-prosecution on 04.02.2020. Thereafter, the Appellants have filed Miscellaneous Petition No.246/2020 which also came to be dismissed - 3 - HC-KAR CNR: KAHC010437022019 NC: 2026:KHC:50513 MFA No. 8028 of 2019 on merits on 28-11-2024 and the said order has attained finality. In this view of the matter, the above appeal does not survive for consideration and the same may kindly be ordered to be dismissed as having become infructuous in the interest of justice and equity." 3. The said memo is taken on record. 4. In view of the memo, the present appeal does not survive for consideration any more, as the original suit has been dismissed. 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 CPN List No.: 1 Sl No.: 18