- 1 - HC-KAR NC: 2026:KHC:5797 MFA No. 2595 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M MISCELLANEOUS FIRST APPEAL NO. 2595 OF 2025 (CPC) BETWEEN: UDYAWAR VEDAVYASA RAO S/O UDYAWAR KRISHNARAYA SHENOY, AGED ABOUT 88 YEARS, R/AT DOOR NO.536, 5TH MAIN, 11TH CROSS, 3RD STAGE, GOKULAM, V.V. MOHALLA, MYSORE …APPELLANT (BY SRI. S.S.NAGANAND, SENIOR ADVOCATE FOR SRI. BOLA VEDVYAS SHENOY, ADVOCATE) AND: VACHAN G SHETTY, S/O U.GANESH SHETTY, AGED 37 YEARS, R/AT DOOR NO. 257, AJIKURI, NETHRAVATHI, DHARMASTHALA …RESPONDENT (BY SRI. DALWAI VENKATESH, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF THE CODE OF CIVIL PROCEDURE. THIS MISCELLANEOUS FIRST APPEAL IS LISTED FOR ADMISSION, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5797 MFA No. 2595 of 2025 ORAL JUDGMENT Sri.S.S.Naganand., Senior counsel on behalf of Sri.Bola Vedvyas Shenoy., for the appellant and Sri.Dalwai Venkatesh., counsel for the respondent have appeared in person. 2. The appeal is filed to set aside the order dated:06.01.2025 passed by the Court of Senior Civil Judge and JMFC at Moodbidri, Dakshina Kannada on I.A.No.2 in O.S.No.47/2024 on several grounds as set out in the memorandum of appeal. 3. Senior counsel submits that the appellant has sworn to a declaration of facts in the form of an affidavit stating that he has dealt with the property and has gifted the subject matter of the suit in favour of Shree Venkatramana Devaru Temple, Mulki. Counsel, therefore, submits that the affidavit may be placed on record and a suitable order may be passed. - 3 - HC-KAR NC: 2026:KHC:5797 MFA No. 2595 of 2025 The affidavit is placed on record. As the appellant has dealt with the property and hence, he has no right to continue the appeal as of today. Accordingly, the appeal is dismissed. Because of dismissal of the appeal, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of. SD/- (JYOTI M) JUDGE MRP List No.: 1 Sl No.: 56