- 1 - HC-KAR NC: 2026:KHC:6870 MFA No. 5727 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M MISCELLANEOUS FIRST APPEAL NO.5727 OF 2017 (CPC) BETWEEN: 1. MR LOUIS JAMES S/O MR. FRANCIS JAMES, AGED ABOUT 67 YEARS, R/AT MF 1/11, HAL 3RD STAGE, NEW THIPPASANDRA, BENGALURU-560 075. 2. MRS MARGARET PINTO D/O MR C.D.PINTO, AGED ABOUT 57 YEARS, R/AT NO.63, NINDIDURGA EXTENSION BENGALURU-560046. …APPELLANTS (BY SRI ARUN K.S., ADVOCATE FOR SRI VALLARI ASSOCIATES, ADVOCATE) AND: 1. MRS MALTI NARENDRAKUMAR JAIN W/O LATE MR NARENDRAKUMAR JAIN, AGED ABOUT 79 YEARS, R/AT NO.81-A, ANITHA, MOUNT PLEASANT ROAD, MALABAR HILL, MUMBAI, MAHARASHTRA-400006 (THROUGH POWER OF ATTORNEY HOLDER VIZ, MR. RAJIV NARENDRAKUMAR JAIN) 2. MR. RAJIV NARENDRAKUMAR JAIN S/O LATE MR NARENDRAKUMAR JAIN Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6870 MFA No. 5727 of 2017 AGED ABOUT 59 YEARS R/AT NO.81-A, ANITHA, MOUNT PLEASANT ROAD, MALABAR HILL, MUMBAI, MAHARASTRA-400006. 3. MRS. SABINA ANIL SANGHVI D/O LATE MR NARENDRAKUMAR JAIN, W/O MR ANIL KUMAR SANGHVI, AGED ABOUT 57 YEARS, R/AT NO.101, NATINONAL HOUSING SOCIETY, BANER ROAD, SINDH SOCIETY AUNDH PUNE, MAHARASHTRA-411007. 4. STATE BANK OF MYSORE BENGALURU BRANCH, NO.644/645, AVENUE ROAD, BENGAURU-560002. REP BY THE CHIEF MANAGER/MANAGER 5. KOTAK MAHINDRA BANK LTD., (ING VYSYA BANK IS NOW KOTAK MAHINDRA BANK), OFFICE AT ING VYSYA HOUSE, NO.22, M.G. ROAD, BENGALURU 560001. REP BY ITS CHIEF MANAGER AND: NO.23/3, ST JOSEPH INDIAN HIGH SCHOOL COMPOUND NO.1, VITTAL MALLYA ROAD, BENGALURU 560001. 6. MR BHAVYA PRASAD JAIN S/O MR RATHNAVARMA JAIN, AGED ABOUT 33 YEARS, AT PADMA NILAYA, PARAPPADY, NALLUR POST, KARKALA TALUK, UDUPI DISTRICT PIN CODE NO.574122. …RESPONDENTS - 3 - HC-KAR NC: 2026:KHC:6870 MFA No. 5727 of 2017 (BY SRI HARSH GUPTA, ADVOCATE FOR SRI. NIKHILESH RAO M., ADVOCATE FOR C/R2; SRI. GUNAPRASAD, ADVOCATE FOR R1 AND R3; SRI. R.SHIVCHARAN, ADVOCATE FOR R6; VIDE ORDER DATED 21.02.2018, NOTICE TO R4 AND R5 HELD SUFFICIENT) 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: ORAL JUDGMENT Sri.Arun K.S., counsel on behalf of M/s Vallari Associates for the appellants and Sri.Harsh Gupta, counsel on behalf of Sri.Nikhilesh Rao M., for caveator / respondent No.2 appeared in person. 2. Counsel jointly submits a memo has been filed stating that the suit is disposed of and the appeal may be disposed of as having become infructuous. - 4 - HC-KAR NC: 2026:KHC:6870 MFA No. 5727 of 2017 3. When queried, counsel submits that a conscious decision is taken about dismissal of the appeal as having become infructuous. 4 Memo is placed on record. 5. Resultantly, the appeal is dismissed as having become infructuous. SD/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 23