Miscellaneous First Appeal against an interim injunction order was withdrawn by memo after the underlying suit was withdrawn, rendering the appeal infructuous. The High Court dismissed the appeal as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2026:KHC:16008 MFA No. 6796 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO. 6796 OF 2025 (CPC)
BETWEEN:
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
MR. JOHNSON BRUNO D'SOUZA S/O MR. VICTOR D'SOUZA, MEMBER OF SOCIETY OF ST. VINCENT DE PAUL SSVP CHRIST THE KING, MALLESHWARAM CONFERENCE AGED ABOUT 48 YEARS, RESIDENT OF 242, LOURDES VILLA, PIPELINE ROAD, YESHWANTHAPURA, BENGALURU - 560 022.
…APPELLANT
(BY SRI. MARIO NOEL D ROZARIO.,ADVOCATE)
AND:
MR. SATHYABHUSHAN S/O. LATE. MR. A.JAFFERINE,
HC-KAR
AGED 53 YEARS,
R/O.K-011, PREMIER GRIHALAKSHMI APARTMENTS, S.M ROAD - JALAHALLI CROSS, BENGALURU-560 022.
…RESPONDENT
(BY SRI. RADHA R JOSHI.,ADVOCATE)
THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 06.08.2025 PASSED ON I.A.NO.2 IN OS.NO.4934/2025 ON THE FILE OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU(CCH-15), PARTLY ALLOWING THE I.A.NO.2 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA
ORAL JUDGMENT
Learned counsel appearing for the appellant has filed a memo seeking to withdraw this Miscellaneous First Appeal, which reads as under:
"As the O.S.No.4934/2025, before the VIIIth City Civil and Sessions Judge was withdrawn on 22-11-2025 by the respondent represent case is
NC: 2026:KHC:16008 MFA No. 6796 of 2025
HC-KAR
infructuous and as such the present Appeal may be permitted to be withdrawn."
Appeal is dismissed as having become infructuous.
Sd/-
_____________________ JUSTICE K.S. HEMALEKHA
PHM List No.: 1 Sl No.: 44
2 provisions across 1 enactments
Mr. Johnson Bruno D'Souza S/o Mr. Victor D'Souza
Mr. Sathyabhushan S/o Late Mr. A. Jafferine
K.S. Hemalekha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
