- 1 - HC-KAR NC: 2026:KHC:1883 MFA No. 5031 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M MISCELLANEOUS FIRST APPEAL NO. 5031 OF 2024 (CPC) BETWEEN: MAHABOOB BI @ SMT. KHATEJA BI W/O. SRI. MOHAMED GHOUSE PEER AGED ABOUT 70 YEARS, RESIDING AT NO.10, 3RD CROSS, 4TH MAIN, V.R. PURAM, PALACE GUTTAHALLI, BENGALURU-560003. &APPELLANT (BY SRI. NADEEM PASHA, ADVOCATE FOR SRI. MOHAMED NASIRUDDIN, ADVOCATE) AND: MOHAMMED KHASIM @ JANI S/O. LATE MOHAMMED IMAM, AGED ABOUT 63 YEARS, R/AT. NO.440, SAMPIGE ROAD, MALLESHWARAM, BENGALURU-560003. &RESPONDENT (BY SRI. AVINASH P., 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 ORDERS, THIS DAY, THE JUDGMENT WAS DELIVERED AS UNDER: Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1883 MFA No. 5031 of 2024 ORAL JUDGMENT Mr.Nadeem Pasha, counsel for the appellant appeared in person. 2. Counsel submits that a memo has been filed stating that the appeal may be dismissed as having become infructuous. 3. When queried, counsel submits that a conscious decision is taken about dismissal of the petition as having become infructuous. 4. The oral submission and the memo is placed on record. 5. The appeal is dismissed as having become infructuous. SD/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 25