IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE K.SOMASHEKAR M.F.A. NO.8224 OF 2013 (CPC) BETWEEN:
1. B.M.SHAFI S/O LATE ADEM SAB AGED ABOUT 40 YEARS 2. SMT.RAHAMATHUNNISA W/O B.M.SHAFI AGED ABOUT 32 YEARS 3. B.M.SARDAR S/O LATE ADEM SAB AGED ABOUT 37 YEARS 4. SMT.SHAMEENA BHANU W/O B.M.SARDAR AGED ABOUT 29 YEARS ALL ARE RESIDING AT NEAR ALANKAR CENEMA THEATER PAVAGADA TOWN AND TALUK TUMKUR DISTRICT – 561 202.
...APPELLANTS (BY SRI.CHANDRAMOULESWARA CHARI C FOR SRI.CHANDRASHEKARA REDDY M.V., ADVOCATES) AND:
1. BALAKRISHNA AGED ABOUT 60 YEARS S/O LATE GANDUDI VENKAPPA R/O NO.23, ‘A’ CROSS SHARADHAMBA ROAD NEAR KEMPEGOWDA KALYA MANTAPA JALAHALLI VILLAGE BANGALORE – 560 013.
SMT.MUMTAZ BEGUM D/O ABDUL RAJAK KHAN DEAD BY LRS 2. SHAFIULLA KHAN AGED ABOUT 65 YEARS S/O ABDUL RAJAK KHAN 3. SMT.AKTHAR PARVEEN W/O SHAFIULLA KHAN AGED ABOUT 50 YEARS BOTH R2 & R3 ARE RESIDING AT SIRA ROAD, PAVAGADA TOWN TUMKUR – 561 202.
(RESPONDENT NOS.2 AND 3 – SERVED ...RESPONDENTS VIDE ORDER DATED 12.07.2018, APPEAL AGAINST RESPONDENT NO.1 IS ABATED THIS MFA IS FILED UNDER ORDER 43 RULE 1(R) OF CPC AGAINST THE ORDER DATED 07.09.2013 PASSED ON I.A.NO.13 IN O.S.NO.11/2011 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, JMFC, MADHUGIRI (SITTING AT PAVAGADA), PAVAGADA, ALLOWING IA NO.13 FILED UNDER ORDER 39 RULE 1 & 2 OF CPC.
THIS APPEAL COMING ON FOR ADMISISON, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T The learned counsel for the appellants submits that the plaintiffs and the defendants had settled the dispute between them before the trial Court. Hence, the appeal be dismissed as having become infructuous.
2. Memo is placed on record. In view of the memo filed, the appeal is dismissed as having become infructuous.
SD/- JUDGE Prs*