IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24th DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.9644 OF 2015 (CPC) BETWEEN:
ADI HEMANTH KUMAR, S/O LATE MASTHI GOWDA @ CHIKKANNA, AGED ABOUT 44 YEARS, R/AT NO. 9/1-C, 4TH MAIN, 6TH CROSS, INDUSTRIAL TOWN, RAJAJINAGAR, BENGALURU – 560 044. …APPELLANT (BY SRI SHIVCHARAN & SRI AJITH A SHETTY, ADVOCATES) AND:
1. SMT. GANGAMMA, W/O LATE MASTHI GOWDA @ CHIKKANNA, AGED ABOUT 65 YEARS, R/AT NO. 295, 8TH CROSS, 6TH BLOCK, NAGARBHAVI 2ND STAGE, BENGALURU – 560 072.
2. SRI. KAMALESH, S/O LATE BYRAPPA, AGED ABOUT 42 YEARS, R/AT 25/4, CHANDRASHEKAR LAYOUT, VISHWANEEDAM POST, SRIGANDHADAKAVALU, BENGALURU – 560 072.
3. SRI. G RAMAYYA, S/O LATE GUDDATHIMMAIAH, AGED ABOUT 54 YEARS, R/AT NO. 295, 8TH CROSS, 6TH BLOCK, NAGARBHAVI 2ND STAGE, BENGALURU – 560 072.
4. SRI. M VISHWANATH, S/O LATE MASTHI GOWDA @ CHIKKANNA, AGED ABOUT 46 YEARS, R/AT NO.295, 8TH CROSS, 6TH BLOCK, NAGARBHAVI 2ND STAGE, BEGALURU – 560 072.
5. SMT. C TRIVENI, W/O G. RAMAYYA, AGED ABOUT 50 YEARS, R/AT NO.295, 8TH CROSS, 6TH BLOCK, NAGARBHAVI 2ND STAGE, BENGALURU – 560 072.
6. SMT. C. MALA, W/O B. KAMALESH, AGED ABOUT 40 YEARS, R/AT 25/4, CHANDRASHEKAR LAYOUT, VISHWANEEDAM POST, SRIGANDHADAKAVALU, BENGALURU – 560 072.
...RESPONDENTS (BY SRI. VENKATESH R BHAGAT, ADVOCATE) **** THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1( r) OF CPC, AGAINST THE ORDER DATED 10.12.2015 PASSED ON IA NO.1 IN O.S. NO.8620/2015 ON THE FILE OF THE LVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH 57), DISMISSING IA NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER Learned counsel for the appellant has filed a memo seeking permission to withdraw the appeal on the reason that the same has become infructuous.
In view of the submission made by the counsel, the memo is taken on record. The appeal is dismissed as withdrawn.
Sd/- JUDGE ykl