The appellant filed a memo stating the main suit (O.S. No. 7071/2022) was disposed of on 13.12.2024, rendering the appeal against the rejection of an interim application infructuous. The High Court accepted the memo and dismissed the appeal as infructuous.
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NC: 2026:KHC:50633 MFA No. 3117 of 2023
HC-KAR
CNR: KAHC010223992023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 3117 OF 2023 (CPC)
BETWEEN:
MR. CHINNARAJU. V S/O LATE VENKATARAMAN, AGED ABOUT 62 YEARS, R/AT NO. 186, 1ST FLOOR, TELECOM LAYOUT, K.P. AGRAHARA, MAGADI ROAD, 1ST FLOOR BANGALORE - 560 023.
…APPELLANT
(BY SRI. VIGNESH J. JAIN, ADVOCATE FOR SRI. GOPAL SINGH, ADVOCATE)
AND:
Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA
S/O FEROZ KHAN, AGED ABOUT 29 YEARS, R/AT NO 175, TELECOM LAYOUT, K.P. AGRAHARA, VIJAYNAGAR, BANGALORE - 560 040.
HC-KAR
NC: 2026:KHC:50633 MFA No. 3117 of 2023
CNR: KAHC010223992023
K.P. AGRAHARA, VIJAYNAGAR, 1ST FLOOR, BANGALORE - 560 040.
…RESPONDENTS
(R1 TO R3 ARE SERVED AND UNREPRESENTED)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 06.02.2023 PASSED ON I.A. NO.1 IN O.S.NO.7071/2022 ON THE FILE OF THE X ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-26), REJECTING I.A. NO.1 FILED UNDER ORDER XXXIX RULES 1 AND 2 OF CPC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
ORAL JUDGMENT
1. Learned counsel for the appellant files a memo. Memo reads as under;
"The counsel for the appellant hereby submits that, the main petition in O.S.No.7071/2022 is disposed on 13.12.2024, hence the above appeal may be disposed as infructuous, to meet the ends of justice."
NC: 2026:KHC:50633 MFA No. 3117 of 2023
HC-KAR
CNR: KAHC010223992023
2. The memo is taken on record. In view of the memo,
the present appeal would not survive for consideration any
more. Hence, the appeal is dismissed as having become
infructuous.
Sd/(PRADEEP SINGH YERUR) JUDGE
GH
List No.: 1 Sl No.: 26
1 issue framed by the court
Whether the Miscellaneous First Appeal against the order rejecting an interim application under Order XXXIX Rules 1 and 2 CPC survives when the main suit has been disposed of.
2 provisions across 1 enactments
Mr. Chinnaraju. V S/o Late Venkataraman
Mr. Rehman Fahad
Mrs. Sariya Khanum W/o Rehman Fahad
Mr. Syed Wasi
Pradeep Singh Yerur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
