- 1 - HC-KAR CNR: KAHC010272272026 NC: 2026:KHC:52583 MFA No. 2889 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 2889 OF 2026 (CPC) BETWEEN: MR. M. SRINIVAS AGED ABOUT 51 YEARS S/O. SRI MUNIYAPPA PRESENTLY R/AT NO.183 NGR LAYOUT, ROOPENA AGRAHARA BANGALORE - 560 068 …APPELLANT (BY SRI GURUVA REDDY N., ADVOCATE) AND: 1. MRS. P. VIJAYALAKSHMI W/O. LATE P.V.KAMESH KUMAR AGED ABOUT 68 YEARS. 2. MS. P.K. VAISHNAVI D/O. LATE P.V. KAMESH KUMAR AGED ABOUT 38 YEARS. 3. MR. P.K. HARISH KUMAR S/O. LATE P.V. KAMESH KUMAR AGED ABOUT 36 YEARS. NOS.1 TO 3 ARE RESIDING AT: NO.B-2195, PRESTIGE SUNRISE PARK ELECTRONIC CITY PHASE-1 BENGALURU - 560 100. 4. MRS. Y. ANURADHA AGED ABOUT 68 YEARS D/O. LATE Y. NAGESHWAR RAO. Digitally signed by VINUTHA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010272272026 NC: 2026:KHC:52583 MFA No. 2889 of 2026 5. MR. Y. RAVINDRANATH AGED ABOUT 61 YEARS S/O. LATE Y. NAGESHWAR RAO. NOS.4 AND 5 ARE RESIDING AT: NO.H.NO.4-2-1071, RAMKOTE, HYDERABAD - 500 001. …RESPONDENTS THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF CPC, AGAINST THE ORDER DATED 12.03.2026 PASSED ON IA.NO.1 IN O.S.NO.1440/2022 BY LXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU. 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 appellant submits that pursuant to the impugned order dated 12.03.2026, the plaint came to be rejected on 18.06.2026, which is now the subject matter of challenge in RFA.No.1705/2026. Therefore, technically, the present appeal would not survive for consideration, as the original suit before the trial Court is no longer in existence in view of the rejection of the plaint. 2. However, learned counsel for appellant submits that in the event the appellant succeeds in the Regular - 3 - HC-KAR CNR: KAHC010272272026 NC: 2026:KHC:52583 MFA No. 2889 of 2026 First Appeal and the suit is restored, liberty may be reserved to the appellant to seek revival of the present appeal. Accordingly, liberty is reserved to the appellant to approach this Court for revival of the present appeal, in the event of the suit being restored. Accordingly, the appeal is dismissed as not maintainable. Liberty is reserved to the appellant to seek revival of this appeal in the event he succeeds in the Regular First Appeal. 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.: 10