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Smt. a Vani Vs Sri Ambarish — Karnataka HC (2026) — LawSathi Research

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Karnataka HC
2026
Smt. a Vani Vs Sri AmbarishSmt. a Vani v. Sri Ambarish

Dismissed¶84

Smt. a Vani v. Sri Ambarish

Karnataka HC20 Jul 2026MFA/7318/2025

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; MFA No.7318 of 2025 C/W MFA No.7302 of 2025 (CPC); CNR KAHC010656822025; decided 20-07-2026 by Justice Pradeep Singh Yerur. Appellants: Smt. A. Vani, Smt. Manjula, Smt. A. Rajitha (Sri Manjunatha H., Advocate). Respondents: Sri Ambarish, Sri Rajanna, Sri K.V. Gurumurthy, Sri Ashwath, Smt. Pavitra, Sri Girish Anand, Sri Kesava Reddy M., Sri Jayanth Keshava Reddy (Smt. Latha S. Shetty, Advocate for R1-R5, R7 and R8). Appeals under Order XLIII Rule 1(R) CPC against orders dated 06.08.2025 on I.A.No.III / I.A.No.II in O.S.No.3556/2025 (XLII Addl. City Civil and Sessions Judge, Bengaluru). Dismissed as infructuous on the respondents' memo that the suit itself had already been disposed of by the trial Court; no merits adjudication, no costs or amounts awarded.

What did the court decide?

None; both appeals were dismissed as having become infructuous and the impugned orders dated 06.08.2025 passed in O.S.No.3556/2025 were not set aside or adjudicated on merits.

Why is it important?

In view of the memo filed by the respondents, the appeals do not survive for consideration. ¶82

What the court decided

AI extract

Outcome

None; both appeals were dismissed as having become infructuous and the impugned orders dated 06.08.2025 passed in O.S.No.3556/2025 were not set aside or adjudicated on merits.

Issue for consideration

Whether the appeals survive for consideration, in view of the respondents' submission that the suit O.S.No.3556/2025 itself has already been disposed of by the trial Court.

Court's answer

In view of the memo filed by the respondents, the appeals do not survive for consideration.

Ratio / Principle

Accordingly, the appeals are dismissed as having become infructuous.

Detailed headnote1 paragraphs

High Court of Karnataka (Pradeep Singh Yerur, J.), judgment dated 20.07.2026 in MFA No.7318 of 2025 C/W MFA No.7302 of 2025 (CPC), filed under Order XLIII Rule 1(R) of CPC challenging the orders dated 06.08.2025 passed on I.A.No.III and I.A.No.II in O.S.No.3556/2025 by the XLII Additional City Civil and Sessions Judge, Bengaluru. Counsel for the caveator-respondents (R1 to R5, R7 and R8) submitted that the appeals do not survive for consideration as the suit itself has already been disposed of by the trial Court; the memo was taken on record. Held, in view of the memo the appeals do not survive for consideration and are dismissed as having become infructuous. No adjudication on the merits of the impugned interim orders; no precedent cited.

A

HC-KAR

NC: 2026:KHC:37280 MFA No. 7318 of 2025 C/W MFA No. 7302 of 2025

1 -

CNR: KAHC010656822025

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF JULY, 2026 BEFORE

THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 7318 OF 2025 (CPC)

C/W

MISCELLANEOUS FIRST APPEAL NO. 7302 OF 2025 (CPC) IN MFA No. 7318/2025

BETWEEN:

SMT. A. VANI W/O. DR. B. V. DEVAR AGED ABOUT 68 YEARS RESIDING AT NO.3777, 13^TH CROSS BANASHANKARI 2^ND STAGE BENGALURU - 560 070.

Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH

Location: HIGH COURT OF KARNATAKA

SMT. MANJULA W/O. C. S. SHANKAR AGED ABOUT 63 YEARS RESIDING AT NO.115/3 ITPL MAIN ROAD KUNDALAHALLI BENGALURU - 560 037.

SMT. A. RAJITHA W/O. A.M. GOPALAKRISHNA REDDY AGED ABOUT 59 YEARS RESIDING AT NO.115/3 ITPL MAIN ROAD KUNDALAHALLI BENGALURU - 560 037.

…APPELLANTS

(BY SRI MANJUNATHA H., ADVOCATE)

2 -

HC-KAR

NC: 2026:KHC:37280 MFA No. 7318 of 2025 C/W MFA No. 7302 of 2025

CNR: KAHC010656822025

AND:

SRI AMBARISH S/O LATE H.N. VENKATESH REDDY AGED ABOUT 62 YEARS RESIDING AT NO.121, 1^ST CROSS KUNDALAHALLI, DODDANEKKUNDI BENGALURU - 560 037.

SRI RAJANNA S/O. LATE H.N.VENKATESH REDDY AGED ABOUT 60 YEARS RESIDING AT NO.121, 1^ST CROSS KUNDALAHALLI, DODDANEKKUNDI BENGALURU - 560 037.

SRI K.V. GURUMURTHY, S/O. LATE H.N. VENKATESH REDDY AGED ABOUT 56 YEARS RESIDING AT NO.121, 1^ST CROSS KUNDALAHALLI, DODDANEKKUNDI BENGALURU - 560 037.

SRI ASHWATH S/O. LATE H.N.KESHAVAREDDY AGED ABOUT 53 YEARS RESIDING AT NO.102, 1A CROSS BEHIND INDIAN OVERSEAS BANK BEHIND BHADRA APARTMENT KUNDALAHALLI, BENGALURU - 560 037.

SMT. PAVITRA D/O. LATE H. N. KESHAVAREDDY AGED ABOUT 47 YEARS RESIDING AT NO.102, 1A CROSS BEHIND INDIAN OVERSEAS BANK BEHIND BHADRA APARTMENT KUNDALAHALLI, BENGALURU - 560 037.

SRI GIRISH ANAND

HC-KAR

NC: 2026:KHC:37280 MFA No. 7318 of 2025 C/W MFA No. 7302 of 2025

3 -

CNR: KAHC010656822025

S/O. LATE H.N.ANANDARAMAREDDY AGED ABOUT 57 YEARS RESIDING AT NO.115/3 ITP MAIN ROAD KUNDALAHALLI BENGALURU - 560 037.

SRI KESAVA REDDY M. AGED ABOUT 59 YEARS S/O. LATE MUNIVEKATA REDDY RESIDENT OF NO.114 KUNDALAHALLI VILLAGE NEAR BROOKE FIELDS BENGALURU EAST BENGALURU - 560 037.

SRI JAYANTH KESHAVA REDDY AGED ABOUT 33 YEARS S/O. KESAVA REDDY RESIDENT OF NO.114 KUNDALAHALLI VILLAGE NEAR BROOKE FIELDS BENGALURU EAST BENGALURU - 560 037.

…RESPONDENTS

(BY SMT. LATHA S. SHETTY, ADVOCATE FOR C/R1 TO R5, R7 AND R8)

THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF CPC, SET ASIDE THE ORDER DATED 06.08.2025 PASSED ON IA.NO.III IN O.S.NO.3556/2025 BY XLII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU.

IN MFA NO. 7302/2025

BETWEEN:

SMT. A. VANI W/O. DR. B. V. DEVAR AGED ABOUT 68 YEARS RESIDING AT NO.3777, 13^TH CROSS

4 -

HC-KAR

NC: 2026:KHC:37280 MFA No. 7318 of 2025 C/W MFA No. 7302 of 2025

CNR: KAHC010656822025

BANASHANKARI 2^ND STAGE BENGALURU - 560 070.

SMT. MANJULA, W/O. C. S. SHANKAR AGED ABOUT 63 YEARS RESIDING AT NO.115/3 ITPL MAIN ROAD KUNDALAHALLI BENGALURU - 560 037.

SMT. A. RAJITHA, W/O. A.M. GOPALAKRISHNA REDDY AGED ABOUT 59 YEARS RESIDING AT NO.115/3 ITPL MAIN ROAD, KUNDALAHALLI BENGALURU - 560 037.

...APPELLANTS

(BY SRI MANJUNATHA H., ADVOCATE)

AND:

SRI AMBARISH S/O. LATE H.N. VENKATESH REDDY AGED ABOUT 62 YEARS RESIDING AT NO.121, 1^ST CROSS KUNDALAHALLI, DODDANEKKUNDI BENGALURU - 560 037.

SRI RAJANNA S/O. LATE H.N.VENKATESH REDDY AGED ABOUT 60 YEARS RESIDING AT NO.121, 1^ST CROSS KUNDALAHALLI, DODDANEKKUNDI BENGALURU - 560 037.

SRI K.V. GURUMURTHY S/O. LATE H.N. VENKATESH REDDY AGED ABOUT 56 YEARS RESIDING AT NO.121, 1^ST CROSS

5 - NC: 2026:KHC:37280 MFA No. 7318 of 2025 C/W MFA No. 7302 of 2025

HC-KAR

CNR: KAHC010656822025

KUNDALAHALLI, DODDANEKKUNDI BENGALURU - 560 037.

SRI ASHWATH

S/O. LATE H.N. KESHAVAREDDY AGED ABOUT 53 YEARS RESIDING AT NO.102, 1A CROSS BEHIND INDIAN OVERSEAS BANK BEHIND BHADRA APARTMENT KUNDALAHALLI, BENGALURU - 560 037.

SMT. PAVITRA D/O. LATE H. N. KESHAVAREDDY AGED ABOUT 47 YEARS RESIDING AT NO.102, 1A CROSS BEHIND INDIAN OVERSEAS BANK BEHIND BHADRA APARTMENT KUNDALAHALLI, BENGALURU - 560 037.

SRI GIRISH ANAND S/O. LATE H. N. ANANDARAMAREDDY AGED ABOUT 57 YEARS RESIDING AT NO.115/3 ITP MAIN ROAD KUNDALAHALLI BENGALURU - 560 037.

SRI KESAVA REDDY M. AGED ABOUT 59 YEARS S/O. LATE MUNIVEKATA REDDY RESIDENT OF NO.114 KUNDALAHALLI VILLAGE NEAR BROOKE FIELDS BENGALURU EAST BENGALURU - 560 037.

SRI JAYANTH KESHAVA REDDY AGED ABOUT 33 YEARS S/O. KESAVA REDDY RESIDENT OF NO.114

6 - NC: 2026:KHC:37280 MFA No. 7318 of 2025 C/W MFA No. 7302 of 2025

HC-KAR

CNR: KAHC010656822025

KUNDALAHALLI VILLAGE NEAR BROOKE FIELDS BENGALURU EAST BENGALURU - 560 037.

...RESPONDENTS

(BY SMT. LATHA S. SHETTY, ADVOCATE FOR R1 TO R5, R7 AND R8)

THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 06.08.2025 PASSED ON I.A.NO.II IN O.S.NO.3556/2025 BY XLII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU.

THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

ORAL JUDGMENT

Learned counsel for appellants and learned counsel

for caveator - respondent 1 to 5, 7 and 8 are present.

Learned counsel for respondent Nos.1 to 5, 7 and 8 submits that the present appeals do not survive for consideration, as the suit itself has already been disposed of by the trial Court.

The said memo is taken on record.

7 -

HC-KAR

NC: 2026:KHC:37280 MFA No. 7318 of 2025 C/W MFA No. 7302 of 2025

CNR: KAHC010656822025

In view of the memo, the appeals do not survive

for consideration.

Accordingly, the appeals are dismissed as having

become infructuous .

Sd/(PRADEEP SINGH YERUR) JUDGE

CPN

List No.: 1 Sl No.: 7

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the appeals survive for consideration, in view of the respondents' submission that the suit O.S.No.3556/2025 itself has already been disposed of by the trial Court.medium confidence¶76
The court held
In view of the memo filed by the respondents, the appeals do not survive for consideration.ratio¶82

Statutes considered

1 provisions across 1 enactments

AI extract

Code of Civil Procedure, 1908Order XLIII Rule 1(R)¶37

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 06.08.2025 passed on I.A.No.III in O.S.No.3556/2025 (challenged in MFA No.7318/2025) and order dated 06.08.2025 passed on I.A.No.II in O.S.No.3556/2025 (challenged in MFA No.7302/2025); the nature or content of the impugned orders is not stated in the judgment.¶37
XLII Additional City Civil and Sessions Judge, Bengaluru · 06.08.2025
Prior proceeding
Suit O.S.No.3556/2025 was pending before the XLII Additional City Civil and Sessions Judge, Bengaluru, where interim applications I.A.No.III and I.A.No.II were disposed of by order dated 06.08.2025; those orders were challenged in the present appeals under Order XLIII Rule 1(R) CPC.¶37
Prior proceeding
Counsel for the caveator-respondents (R1-R5, R7 and R8) submitted that the appeals do not survive for consideration because the suit itself has already been disposed of by the trial Court.¶76
Prior proceeding
The memo filed to that effect was taken on record by the Court.¶77

Parties & counsel

AI extract

appellant
Smt. A. Vani W/o. Dr. B. V. Devar¶10
Manjunatha H.
appellant
Smt. Manjula W/o. C. S. Shankar¶13
Manjunatha H.
appellant
Smt. A. Rajitha W/o. A.M. Gopalakrishna Reddy¶14
Manjunatha H.
respondent
Sri Ambarish S/o Late H.N. Venkatesh Reddy¶22
Latha S. Shetty
respondent
Sri Rajanna S/o. Late H.N. Venkatesh Reddy¶23
Latha S. Shetty
respondent
Sri K.V. Gurumurthy S/o. Late H.N. Venkatesh Reddy¶24
Latha S. Shetty
respondent
Sri Ashwath S/o. Late H.N. Keshavareddy¶25
Latha S. Shetty
respondent
Smt. Pavitra D/o. Late H. N. Keshavareddy¶26
Latha S. Shetty
respondent
Sri Girish Anand S/o. Late H.N. Anandaramareddy¶27
respondent
Sri Kesava Reddy M. S/o. Late Munivekata Reddy¶33
Latha S. Shetty
respondent
Sri Jayanth Keshava Reddy S/o. Kesava Reddy¶34
Latha S. Shetty

Coram

AI extract

Pradeep Singh Yerurauthor¶72

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 20 Jul 2026 · July
Registered: 30 Sept 2025
Case no.: MFA/7318/2025
CNR: KAHC010656822025
Bench: Pradeep Singh Yerur
Disposal: DISMISSED
Case type: MISCELLANEOUS FIRST APPEAL

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Cite this judgement

Smt. a Vani v. Sri Ambarish, MFA/7318/2025 (KA), decided on 20 July 2026.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Code of Civil Procedure, 1908Order XLIII Rule 1(R)

View all statutes

Procedural history4

Order dated 06.08.2025 passed on I.A.No.III in O.S.No.3556/2025 (challenged in MFA No.7318/2025) and order dated 06.08.2025 passed on I.A.No.II in O.S.No.3556/2025 (challenged in MFA No.7302/2025); the nature or content of the impugned orders is not stated in the judgment.XLII Additional City Civil and Sessions Judge, Bengaluru · 06.08.2025
Suit O.S.No.3556/2025 was pending before the XLII Additional City Civil and Sessions Judge, Bengaluru, where interim applications I.A.No.III and I.A.No.II were disposed of by order dated 06.08.2025; those orders were challenged in the present appeals under Order XLIII Rule 1(R) CPC.
Counsel for the caveator-respondents (R1-R5, R7 and R8) submitted that the appeals do not survive for consideration because the suit itself has already been disposed of by the trial Court.

View full history

Bench / Coram

Pradeep Singh Yerur

Parties & counsel