- 1 - HC-KAR NC: 2026:KHC:20727 MSA No. 82 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE MISCELLANEOUS SECOND APPEAL NO. 82 OF 2026 (RO) BETWEEN: 1. SRI. JAGANNATHA, S/O. LATE CHANDRAPPA, AGED ABOUT 47 YEARS 2. SMT.SUVARNAMMA, W/O. LATE CHANDRAPPA, AGED ABOUT 67 YEARS, BOTH ARE R/O KHB, 16 GOLDEN JUBILEE COLONY, BEHIND ANANYA SCHOOL, 2ND LINE, BHADRAVATHI, PINCODE - 577 302, SHIVAMOGGA DISTRICT. …APPELLANTS (BY SRI MALLIKARJUN BASAREDDY, ADVOCATE) AND: 1. SRI. N.SHIVALINGAPPA, S/O NINGAPPA, AGED ABOUT 64 YEARS, R/O KAVALAGUNDI, HEBBANDI ROAD, BHADRAVATHI 577 302. SHIVAMOGGA DISTRICT. 2. THE CITY MUNICIPAL COUNCIL, BHADRAVATHI 577 302, Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20727 MSA No. 82 of 2026 SHIVAMOGGA DISTRICT, REP. BY ITS COMMISSIONER. …RESPONDENTS (BY SRI DILIP KUMAR D B., ADVOCATE FOR R1; V/O DATED 03.03.2026 NOTICE TO R2 IS D/W) THIS MSA IS FILED UNDER SEC.100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 18.12.2025 PASSED IN RA.NO.84/2024 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE BHADRAVATHI, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 10.07.2024 PASSED IN OS.NO.314/2016 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC, BHADRAVATHI. THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT It is submitted that the suit before the trial Court is not pending as the same is withdrawn. 2. Under these circumstances, the appeal does not survive for consideration. Appeal is dismissed as having become infructuous. Sd/- (ANANT RAMANATH HEGDE) JUDGE AV List No.: 1 Sl No.: 7