- 1 - HC-KAR NC: 2026:KHC:4257 MFA No. 2509 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M MISCELLANEOUS FIRST APPEAL NO. 2509 OF 2018 (CPC) BETWEEN: 1. B.A. SUBBARAJU S/O SHYAMARAJU AGED ABOUT 62 YEARS R/AT NO.1101, 17TH CROSS 24TH MAIN, BSK II STAGE BENGALURU-560 070 2. NARAYANA RAJU S/O SHYAMA RAJU AGED ABOUT 64 YEARS R/AT NO.1101, 17TH CROSS 24TH MAIN, BSK II STAGE BENGALURU-560 070 3. P.C. SUDHARSHAN S/O MUNISWAMAPPA AGED ABOUT 68 YEARS R/AT NO.1/9, MILLIA BUILDING NR ROAD, BENGALURU-560 002 4. C. BHASKAR REDDY S/O RAMACHANDRA REDDY AGED ABOUT 55 YEARS R/AT NO.679, 12TH CROSS JAYANAGAR 7TH BLOCK BENGALURU-560 082 5. LAKSHMI DEVI W/O P. JAGANATHA REDDY Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4257 MFA No. 2509 of 2018 AGED ABOUT 49 YEARS R/AT NO.2821/E, 5TH MAIN BSK 2ND STAGE BENGALURU-560 070 6. K.N. LATHA KUMARI W/O NAGARAJU AGED ABOUT 47 YEARS R/AT NO.2815, 6TH MAIN BSK 2ND STAGE BENGALURU-560 070 7. VIJAY KUMAR S/O SRI. HANUMANTHA RAO AGED ABOUT 50 YEARS R/AT NO.296/1, II CROSS CHENGAIAH LAYOUT III BLOCK, TR NAGAR BENGALURU-560 070 8. P. JAGANNATHA REDDY S/O MUNIYAPPA REDDY R/AT NO.2821/C, 5TH MAIN BSL II STAGE BENGALURU-560 070 9. V. JAYACHANDRA REDDY S/O C. VARADA REDDY AGED ABOUT 64 YEARS R/AT NO.3, NAGAVARA ROAD OPP. KG HALLI PS KADUGONDANAHALLI BENGALURU-560 046 10. C.N. BABU REDDY S/O KESHAVA REDDY AGED ABOUT 62 YEARS R/AT NO.86, ERAPPA REDDY LAYOUT - 3 - HC-KAR NC: 2026:KHC:4257 MFA No. 2509 of 2018 BANASWADI MAIN ROAD BENGALURU-560 033 11. K.S. SURESH BABU S/O SUNDER RAJU AGED ABOUT 47 YEARS R/AT NO.9, 34TH MAIN TATA SILK FARM BASAVANGUDI BENGALURU-560 004 12. S. RADHA W/O CHANDRASEKHA RAJU AGED ABOUT 45 YEARS R/AT NO.170/A PADMANABHANAGAR R.K.LAYOUT, 2ND MAIN BANGALURU-560 070 13. SASHIKALA SUDHAKAR W/O R. SUDHAKAR RAO AGED ABPIT 52 YEARS R/AT NO.16, JAIN TEMPLE ST. V.V.PURAM BENGALURU-560 004 …APPELLANTS (BY SRI. DILIP KUMAR, ADVOCATE FOR SRI. SANGAMESH R.B, ADVOCATE) AND: 1. N. CHITRA W/O ANANDA KUMAR AGED ABOUT 33 YEARS R/AT NO.456, 17TH G MAIN ROAD 6TH BLOCK, KORAMANGALA BENGALURU-560 095 2. JAMUNA W/O S.N. MOHAN KUMAR - 4 - HC-KAR NC: 2026:KHC:4257 MFA No. 2509 of 2018 AGED ABOUT 53 YEARS R/AT: NO.172/5-1, DOLLARS COLONY BILEKAHALLI, 4TH CROSS 2ND STAGE, BTM LAYOUT BANNERAGHATTA RD BENGALURU-560 076 3. S.N. MOHAN KUMAR S/O LATE G. NARAYANSWAMY AGED ABOUT 56 YEARS R/AT: NO.172/5-1, DOLLARS COLONY BILEKAHALLI, 4TH CROSS 2ND STAGE, BTM LAYOUT BANNERAGHATTA RD BENGALURU-560 076 4. S.N. SHEKAR S/O LATE G. NARAYANASWAMY AGED ABOUT 53 YEARS R/AT NO.208/1, 11TH CROSS WILSON GARDEN BENGALURU-560 027 5. S.N. BABU S/O LATE G. NARAYANSWAMY AGED ABOUT 49 YEARS R/AT NO.858, 6TH MAIN KSRTC LAYOUT JP NAGAR BENGALURU-560 079 6. H.M. SURESH S/O LATE MUTHAPPA AGED ABOUT 59 YEARS R/AT SRINIVAS NILAYA HULIMAVU VILLAGE BANNERGHATTA RD BENGALURU-560 076 - 5 - HC-KAR NC: 2026:KHC:4257 MFA No. 2509 of 2018 7. MUNIRAJU S/O LATE CHINNAPPA AGED ABOUT 59 YEARS R/AT HONGASANDRA VILLAGE GARBEHAVIPALYA BEGUR HOBLI BENGALURU SOUTH TALUK BENGALURU-560 076 8. RAMAPPA S/O LATE MUNIVENKATAPPA AGED ABOUT 68 YEARS R/AT HONGASANDRA VILLAGE GARBEBHAVIPALYA BEGUR HOBLI BANGALORE SOUTH BENGALURU-560 076 9. S. PUSHPA W/O GOVINDA RAJU AGED ABOUTG 57 YEARS R/AT NO.9, K.R.LAYOUT JP NAGAR VI PHASE BENGALURU-560 070 …RESPONDENTS (BY SRI. G.R. VENKATESH MURTHY, ADVOCATE FOR C/R1) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF THE CODE OF CIVIL PROCEDURE, 1908. THIS MISCELLANEOUS FIRST APPEAL IS LISTED FOR ADMISSION, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: - 6 - HC-KAR NC: 2026:KHC:4257 MFA No. 2509 of 2018 ORAL ORDER Sri.Dilip Kumar., counsel on behalf of Sri.Sangamesh.R.B., for the appellants has appeared in person. The appeal is filed to set aside the order dated:24.01.2018 passed by the XXXV Additional City Civil and Sessions Judge, Bengaluru on I.A.No.1 in O.S.No.996/2016. 2. Counsel for the appellants submits that a memo has been filed stating that O.S.No.996/2016 has been dismissed for non-prosecution. Counsel, therefore, submits that the memo may be placed on record and a suitable order may be passed. 3. The oral submission and the memo is placed on record. A perusal of the same depicts that the suit has been dismissed for non-prosecution on 27.09.2024. Because of dismissal of the main suit itself, the appeal does not survives for consideration. 4. Resultantly, the appeal is dismissed. - 7 - HC-KAR NC: 2026:KHC:4257 MFA No. 2509 of 2018 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.: 35