- 1 - HC-KAR NC: 2026:KHC:8304 MFA No. 8536 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M MISCELLANEOUS FIRST APPEAL NO.8536 OF 2017 (CPC) BETWEEN: 1. SMT. FATHIMA UNNISA W/O. MOHAMMED ANWER, AGED ABOUT 57 YEARS, R/O. NEW MANDALI, SHIVAMOGGA DISTRICT-577 201. 2. SRI. SYED HABIBULLA S/O. SYED NAZEER SAB, AGED ABOUT 53 YEARS, 3. SRI. SYED RAFIQ S/O. SYED NAZEER SAB, AGED ABOUT 51 YEARS, 4. SMT. NASEEMUNNISA W/O. MOHAMMED ZABIULLA, AGED ABOUT 49 YEARS, 5. SRI. SYED MUSTHAQ S/O. SYED NAZEER SAB, AGED ABOUT 46 YEARS, 6. SRI. SYED ILIYAZ S/O. SYED NAZEER SAB, AGED ABOUT 41 YEARS, APPELLANTS NO.2 TO 6 ARE RESIDING AT RML NAGARA II STAGE, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8304 MFA No. 8536 of 2017 NEAR UNITY HALL, SHIVAMOGGA-577 201. …APPELLANTS (BY SRI. MOHAN KUMAR T., ADVOCATE) AND: 1. SRI. M. R. PRAKASH S/O. LATE J.B.R. MURTHY, AGED ABOUT 51 YEARS, 2. SRI. R. SADASHIVA @ SHIVANANDA S/O. LATE J.B.R. MURTHY, AGED ABOUT 61 YEARS, RESPONDENTS NO.1 AND 2 ARE R/AT "SUMUKHA", 2ND STAGE, 1ST CROSS, MALLESHWARA NAGARA, SHIVAMOGGA-577 201. 3. SMT. AMBIKA W/O. VAGEESH, AGED ABOUT 58 YEARS, R/AT LAXMI FLOUR MILL, NIJALINGAPPA EXTENSION, DAVANAGERE-577002. 4. SRI. SYED UBEDULLA S/O. SYED NAZEER SAB, AGED ABOUT 63 YEARS, R/AT RML NAGAR, 1ST CROSS, NOOR AMSAR MASJID, SHIVAMOGGA-577 201. 5. SRI. SHASHI FATHER'S NAME NOT KNOWN, MAJOR, R/AT JAMBANA RICE MILL, HOSAMANE, SHIVAMOGGA -577 201. - 3 - HC-KAR NC: 2026:KHC:8304 MFA No. 8536 of 2017 6. SRI. DIVAKAR S/O. NINGAPPA, MAJOR, PARAMESHWARA SWA MILL & WOOD INDUSTRIES, RAVINDRAVARMA STREET, O.T. ROAD, SHIVAMOGGA DISTRICT-577 201. 7. DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT, SHIVAMOGGA-577 201. 8. THE COMMISSIONER SUDA, SHIVAMOGGA-577 201. 9. THE COMMISSIONER SHIVAMOGGA MAHANAGARA PALIKE, SHIVAMOGGA-577 201. 10. THE CHIEF SECRETARY STATE OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-560 001. …RESPONDENTS (BY SRI. P N HARISH, ADVOCATE FOR C/R1; R4 AND R6 ARE SERVED AND UNREPRESENTED SRI. A.V.GANGADHARAIAH, ADVOCATE FOR R8; SMT. KAUSHIKA, ADVOCATE FOR SRI. ASHWIN S.HALADY, ADVOCATE FOR R9; SRI. MANJUNATHA RAYAPPA, AGA OF R7 AND R10) 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 IS DELIVERED AS UNDER: - 4 - HC-KAR NC: 2026:KHC:8304 MFA No. 8536 of 2017 ORAL JUDGMENT Sri.Mohan Kumar T., counsel for appellants Sri.P.N.Harish, counsel for caveator / respondent No.1, Smt.Kaushika, counsel on behalf of Sri.Ashwin S.Halady, for respondent No.9 and Additional Government Advocate for respondent Nos.7 and 10 appeared in person. 2. Counsel for the appellants submits that the appeal may be dismissed as having become infructuous. When queried, counsel submits that a conscious decision is taken about the submission as the appeal having become infructuous. 3. The oral submission is placed on record. 4. Resultantly, the appeal is dismissed as having become infructuous. SD/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 12.1