IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.5558 OF 2016 (CPC) BETWEEN:
B.M.MAHADEVA S/O MANCHE GOWDA AGED ABOUT 43 YEARS NO.103, 6TH MAIN, 2ND CROSS SHANKAR NAGAR NANDINI LAYOUT POST MAHALAKSHMI LAYOUT BENGALURU-560 096 ... APPELLANT (BY SRI. P. D. SUBRAHMANYA, ADVOCATE-ABSENT) AND:
CHINNAGIRI GOWDA S/O DASE GOWDA AGED ABOUT 65 YEARS R/O NO.2426, GROUND FLOOR 10TH MAIN ROAD, "E" BLOCK II STAGE, RAJAJINAGAR BENGALURU-560 010 ... RESPONDENT (BY SRI. T. NATARAJU, ADVOCATE) **** THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 01.07.2016 PASSED ON I.A.NO.1 IN O.S.NO.9941/2015 ON THE FILE OF THE LVIII ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU, DISMISSING I.A. NO.1 FILED UNDER ORDER 39 RULES 1 & 2 SECTION 151 OF CPC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Counsel for the appellant 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