IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2019 BEFORE THE HON' BLE MR. JUSTICE K.SOMASHEKAR MFA NO 5562 OF 2014 (CPC) BETWEEN :
AL-HUDA CHARITABLE TRUST NO.5, KODIGEHALLI DAKALE SANJEEVININAGAR BANGALORE – 560 092 REP. BY ITS SECRETARY MOHAMMED MASTAN. ... APPELLANT (By Sri.MOHAMMAD TAHIR, ADVOCATE.) AND 1. RAVI, AGE ABOUT 45 YEARS NO.2589/1,13TH MAIN ‘E’ BLOCK SAHAKARANAGAR BANGALORE – 560 092.
2. JAYAPRAKASH M L @ RAJANNA AGED ABOUT 43 YEARS OWNER OF MANJU BAR AND RESTAURANTS NO.28, SANJEEVINI NAGAR KODIGEHALLI MAIN ROAD SAHAKARANAGAR BANGALORE – 560 092. ... RESPONDENTS (By SMT. VEENA V. ADVOCATE FOR SRI. RAVINDRA V. REDDY, ADVOCATE.) THIS MFA IS FILED U/O 43 RULE 1(r) R/W 104 OF CPC, AGAINST THE ORDER DATED 14.08.2014 PASSED ON IA NO.1 IN OS NO.8823/2013 ON THE FILE OF THE 42ND ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BANGALORE, DISMISSING IA NO.1 FILED U/O 39 RULES 1 & 2 OF CPC.
THIS APPEAL COMING ON FOR ‘DISMISSAL OF APPEAL’ THIS DAY, THE COURT DELIVERED THE FOLLOWING :
JUDGMENT Learned counsel for the petitioner has filed a memo seeking withdrawal of the petition stating that the lower court has disposed of the suit and hence the appeal is infructuous.
2. Memo is taken on record. Appeal is dismissed as having become infructuous.
Sd/- JUDGE Msu