IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.5993 OF 2017 (CPC) BETWEEN:
1. MRS. AYSHA SULAIMAN AGED 65 YEARS W/O MR. SALEEM AHMED NO.25/8, BORE BANK ROAD BENSON TOWN BANGALORE-560 046 2. MR. C.D. KUMAR AGED ABOUT 57 YEARS S/O LATE DIVAKAR NO.26, BORE BANK ROAD BENSON TOWN BANGALORE-560 046 3. DR (MRS) TABASSUM TAHER AGED ABOUT 40 YEARS W/O MR. IMTIAZ AHMED KHAN NO.27, BORE BANK ROAD BENSON TOWN BANGALORE-560 046 ... APPELLANTS (BY SRI. M. ARUN PONAPPA, ADVOCATE-ABSENT) AND:
MR. MOHAMMED JABBAR AGED ABOUT 49 YEARS NO.25, BORE BANK ROAD BENSON TOWN BANGALORE-560 046 ... RESPONDENT **** THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER XLIII RULE 1(r) OF CPC 1908, AGAINST THE ORDER DATED 24.07.2017, PASSED ON I.A.NO.1 IN O.S.NO.7403/2016 ON THE FILE OF THE LXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY (CCH-67), REJECTING I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Counsel for the appellants is absent. No representation.
In view of the office note, the appeal does not survive for consideration.
Accordingly, the miscellaneous first appeal is dismissed, as the same has become infructuous.
Sd/-
JUDGE SJ