IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL NO.1766 OF 2017 (CPC) BETWEEN:
Smt. B S Leelavathi Since dead by her LRs Sri B.S.N Hari S/o Late B N Sathyanna Aged about 62 years No.473, 9th Cross 1st Block, Jayanagar Bengaluru -560 001.
(By Smt S. R. Anuradha - Advocate) AND:
Sri. P M Govindappa S/o Late Muniswamappa Since Dead by his LRs 1(a) Sriramaiah S/o Late P.M. Govindappa Aged about 51 years (b) Sri. G.Devaraj S/o Late P. M. Govindappa Aged about 35 years …..Appellant 2. Smt. Saraswathamma W/o Sri Ramaiah Aged about 33 years 3. Sri. G.Manohara S/o P.M. Govindappa Aged about 25 years All are resident of Gunjur Palya Varthur Hobli, Bangalore East Taluk, Bangalore Urban Dist -560084.
4. Sri Venugopal Nayar S/o Dr. R Nayar Aged about 32 years R/at Greenwood, No. 266 Defence Colony Indiranagar, Bangalore -560 024.
5. Sri Sanjay B K S/o Late D. S Keshvmurthy Age major R/at No.4, 6th Main Yadavagiri, Mysore-20. …Respondents (Notice served on R-1(a), R-1(b), R-2 and R-3) ***** This Miscellaneous First Appeal is filed under Order 43 rule 1(r) of CPC, against the order dated 04.03.2015 passed on I.A.8 in O.S.No.1469/2004 on the file of the Prl. Civil Judge (Sr.Dvn.,) Bengaluru Rural District, Bengaluru, allowing I.A. 8 filed under Order 39 Rule 1 & 2 CPC.
This appeal coming on for Orders this day, the Court delivered the following:
JUDGMENT Heard learned counsel for the appellant.
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 SSD