- 1 - HC-KAR CNR: KAHC010423922025 NC: 2026:KHC:52320 MFA No. 4864 of 2025 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. 4864 OF 2025 (CPC) BETWEEN: SMT ROOPA V W/O SRI. B.I.D. KUMAR AGED ABOUT 42 YEARS RESIDING AT NO. 235, MARAMMA TEMPLE STREET R T STREET CROSS, CHICKPET BANGALORE - 560 053 …APPELLANT (BY MS. ANUSHA, ADVOCATE FOR SRI. M. SRINIVASA, ADVOCATE) AND: 1. SRI SOMASHEKAR S/O NOT KNWON AGED ABOUT 47 YEARS EX-CORPORATOR, BBMP 2. SRI UDAYKUMAR K S/O SRI KEMPANNA AGED MAJOR REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE - 01 RESPONDENTS NO.1 AND 2 ARE R/AT NO. 361, AMRUTHANAGARA MAIN ROAD Digitally signed by VINUTHA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010423922025 NC: 2026:KHC:52320 MFA No. 4864 of 2025 OPP: REAL HOME APARTMENTS ANJANAPURA WARD NO.196 BANGALORE - 560 062 3. SRI MANJUNATHA REDDY K V S/O SRI VENKATARAYAPPA AGED ABOUT 47 YEARS RESIDING AT NO. 103/1 4TH A CROSS, 1ST BLOCK NARAYANA NAGARA BANGALORE - 560 062 …RESPONDENTS THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 02.04.2025 PASSED ON I.A.NO.1 IN OS.NO.3526/2022 ON THE FILE OF THE XL ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALUTU CITY (CCH-41), DISMISSING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 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 Ms.Anusha on behalf of learned counsel Sri.M.Srinivasa for the appellant is present and - 3 - HC-KAR CNR: KAHC010423922025 NC: 2026:KHC:52320 MFA No. 4864 of 2025 submits that the original suit proceedings have been decreed 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.: 32