- 1 - HC-KAR CNR: KAHC010017982022 NC: 2026:KHC:54624 MFA No. 365 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO.365 OF 2022 (CPC) BETWEEN: K.SATHISH KUMAR AGED ABOUT 37 YEARS REVENUE INSPECTOR OFFICE OF THE ASSISTANT REVENUE OFFICER CITIZEN SERVICE CENTER (WEST) BHASYAM PARK, SHESHADRIPURAM, BENGALURU 560 020 …APPELLANT (BY SRI.SYED HUSSAIN, ADV. FOR SRI. RAMESH N.J.,ADVOCATE) AND: 1. BRUHATH BANGALORE MAHANAGARA PALIKE N R SQUARE BENGALURU 560 002 REP. BY ITS COMMISSIONER 2. THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE COMMISSIONER OFFICE, DISCIPLINARY AUTHORITY, N R SQUARE BENGALURU 560 002 3. SRI N SUBBARAO ENQUIRY OFFICER AND RETIRED DISTRICT JUDGE, DEPARTMENT OF DEPARTMENTAL ENQUIRY, COUNCIL OFFICE BUILDING BRUHATH BANGALORE MAHANAGARA PALIKE N R SQUARE BENGALURU 560 002 Digitally signed by VINUTHA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010017982022 NC: 2026:KHC:54624 MFA No. 365 of 2022 …RESPONDENTS (BY SMT.SUNITHA.,ADVOCATE FOR C/R-1 & R-2) THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 07.12.2021 PASSED ON I.A.NO.1 IN OS.NO.2575/2021 ON THE FILE OF THE XXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, CCH.NO.23, DISMISSING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 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 Heard learned counsel for appellant. 2. It is seen from the online copy of the order of the trial Court in O.S. No.2575/2021 that the suit has been dismissed on 09.03.2023. 3. Learned counsel for the appellant submits that a miscellaneous petition has been filed to restore the suit, which is pending adjudication. 4. Be that as it may, in view of the fact the suit is dismissed, the present appeal would not survive for consideration. Appellant is at liberty to file necessary - 3 - HC-KAR CNR: KAHC010017982022 NC: 2026:KHC:54624 MFA No. 365 of 2022 appeal as and when the suit is restored, if he is so advised and aggrieved by the order. 5. Accordingly, the present appeal is dismissed as having become infructuous. Sd/- (PRADEEP SINGH YERUR) JUDGE GSS List No.: 1 Sl No.: 28