- 1 - HC-KAR CNR: KAHC010237532023 NC: 2026:KHC:51570 MFA No. 3024 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 3024 OF 2023 (CPC) BETWEEN: 1. SRI. B.S. JAYATHERTHA S/O LATE SATHYANARAYANA RAO, AGED ABOUT 61 YEARS, R/AT NO.2906, POTOMAC HILLS APPARENT, C-3, 2ND FLOOR, GOKULAM ROAD, V.V.MOHALLA, PACHAVATHI CIRCLE, MYSORE - 570 002 …APPELLANT (BY SRI. RAVIKUMARA B R.,ADVOCATE) AND: 1. SMT. SUNITHA RAJ W/O SRI.N.GOVINDA RAO, AGED ABOUT 54 YEARS, R/AT NO 80/B, NEHRU ROAD, GIRINAGAR 1ST PHASE, BANGALORE - 560 085 2. SIR. M. VISVESVARAYA CO-OPERATIVE BANK HAVING THEIR CORPORATE OFFICE AT NO.109, GROUND FLOOR, SHANKARAMUTT ROAD, SHANKARAPURA, BENGALURU - 560 004 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER SRI. L. GANESH …RESPONDENTS Digitally signed by VINUTHA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010237532023 NC: 2026:KHC:51570 MFA No. 3024 of 2023 THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 23.03.2023 PASSED ON I.A. NO.3 IN O.S.NO. 26346/2022 ON THE FILE OF THE LXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU (CCH-75), DISMISSING THE I.A. NO.3 FILED UNDER ORDER XXXIX RULES 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 the appellant is present. 2. The internet copy of the order passed in O.S.No.26346/2022 reflects the suit having been dismissed after a full trial. Hence, the present appeal does not survive for consideration. The appeal is dismissed as having become infructuous. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK, List No.: 1 Sl No.: 20