IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22nd DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL NO.4401 OF 2016 (CPC) BETWEEN:
The Commissioner Bangalore Development Authority Kumarakrupa West Bangalore-560 020. …Appellant (By Sri. Vedamurthy, Advocate) AND:
Mamatha N W/o Sri. V Ramakrishna Residing at No.11, 3rd Cross Bayanna Layout Nagarbhavi 2nd Stage Bangalore-560 072. …Respondent **** This Miscellaneous First Appeal is filed under Order 43 Rule 1(r) of CPC, against the order dated 24.03.2016 passed on I.A.No.2 in O.S.No.654/2016 on the file of the LXVI Additional City Civil and Sessions Judge, Bengaluru City (CCH.No.67), allowing I.A.No.2 filed under Order 39 Rule 1 and 2 read with Section 151 of CPC.
This appeal coming on for Orders this day, the Court made the following:
JUDGMENT Learned counsel for the appellant has filed a memo seeking permission to withdraw the appeal as the respondent has withdrawn the Original Suit No.654/2016 pending before the Prl. City Civil and Sessions Judge, Bengaluru on 28.6.2016.
In view of the memo and 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