- 1 - HC-KAR CNR: KAHC010205482023 NC: 2026:KHC:52313 MFA No. 2632 of 2023 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. 2632 OF 2023 (CPC) BETWEEN: 1. SRI. CHANDRASHEKAR B. S/O LATE G.H. BANGERA AGED ABOUT 65 YEARS RESIDING AT NO.12/1, 2ND MAIN, 9TH CROSS, CHAMARAJPET BANGALORE - 560 018 2. SMT. B. SUJATHA D/O LATE G.H. BANGERA W/O KUMAR AGED ABOUT 56 YEARS R/AT, C/O OF TANUJA SRINIVAS DODDAGUBBI VILLAGE, BIDARAHALLI HOBLI BANGALORE EAST TALUK PIN CODE - 560 049 …APPELLANTS (BY SRI. CHOKKAREDDY, ADVOCATE) AND: 1. SMT. V.O. RUKMINI W/O M.R. RAJAGOPAL AGED ABOUT 60 YEARS Digitally signed by VINUTHA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010205482023 NC: 2026:KHC:52313 MFA No. 2632 of 2023 2. SRI. M.R. RAJAGOPAL S/O LATE M. RAMAPPA AGED ABOUT 65 YEARS BOTH R/AT NO.45, 1ST CROSS, BASAVESHWARA LAYOUT NEAR REDDY FARM ROAD, BEML 3RD STAGE, RAJARAJESHWARI NAGAR BANGLORE - 560 098 3. 3A. SMT. B. MANGALAGOWRI SINCE DEAD BY HER LRS SMT. SHILPA.R. W/O JYOTHISH KUMAR D/O MANGALAGOWRI B. (D/O LATE G.H.BANGERA) AGED ABOUT 39 YEARS. R/AT NO.302, 5TH MAIN, 6TH CROSS, CHAMARAJPET BANGALORE - 560 018 4. SRI. B. UTTAM KUMAR S/O LATE B.H.BANGERA AGED ABOUT 57 YEARS R/AT NO.404, 1ST MAIN ROAD 9TH CROSS, PANCHASHEELANAGAR, MOODALAPALYA BANGALORE - 560 073 5. SRI. H. SHARATH KUMAR SO LATE B. HEMAVATHI HARISHCHANDRA S/O. LATE HARISHCHANDRA AGED ABOUT 46 YEARS - 3 - HC-KAR CNR: KAHC010205482023 NC: 2026:KHC:52313 MFA No. 2632 of 2023 6. SRI.H. PUNITH KUMAR S/O LATE B.HEMAVATHI HARISHCHANDRA S/O. LATE HARISHCHANDRA AGED ABOUT 44 YEARS 7. SMT. H. RASHMI D/O LATE B. HEMAVATHI HARISHCHANDRA S/O. LATE HARISHCHANDRA AGED ABOUT 42 YEARS 8. SMT. H. SUREKHA D/O LATE B.HEMAVATHI HARISHCHANDRA S/O. LATE HARISHCHANDRA AGED ABOUT 38 YEARS 9. SRI. H. RAJESH SO LATE B. HEMAVATHI HARISHCHANDRA AGED ABOUT 39 YEARS RESPONDENTS NO.5 TO 9 ARE RESIDING AT NO.45, PERIYANA AGRAHARA NAIDU LAYOUT, RAJIV GANDHI ROAD KANAKAPURA MAIN ROAD, BANGALORE - 560 072 …RESPONDENTS (BY SRI. RAJAGOPALA NAIDU, ADVOCATE FOR R1 AND R2 NOTICE TO R3 TO R9 IS D/W VIDE ORDER DATED 19.04.2023) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 08.04.2022 PASSED ON I.A. NO. I IN O.S.NO. 872/2022 ON THE FILE OF THE XII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH.NO. - 4 - HC-KAR CNR: KAHC010205482023 NC: 2026:KHC:52313 MFA No. 2632 of 2023 27), ALLOWING THE I.A. NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT Learned counsel for the appellants has filed a memo stating that the suit before the trial Court has been decreed. 2. The memo is taken on record. In view of the memo, the appeal is dismissed as having become infructuous. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 16