IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE K.SOMASHEKAR MFA No.1975/2017 (CPC) BETWEEN:
1. THE COMMISSIONER BBMP BENGALURU - 560 001.
2. THE HEALTH OFFICER BBMP DASARAHALLI ZONE BENGALURU. ... APPELLANTS (BY SMT. SUMANGALA I SIMIMATH, ADV. FOR SRI. I G GACHCHINAMATH, ADV.) AND:
1. M/S. SAI CNC TEC REP. BY ITS PROPRIETOR SRI P NAGENDRAN NO.26-27, 15TH CROSS NEAR M.N.T.I. KAMMAGONDANAHALLI JALAWALLI WEST BENGALURU-560 015.
2. SRI AMARNATH INDIAN MAJOR R/AT NO.9, 16TH MAIN OPP. TO M.N.T.I. KAMMAGONDANAHALLI BENGALURU-560 015. ... RESPONDENTS R-2 IMPLEADED V/C/O DT: 10.04.2018 (BY SRI A JOHN BOSCO AND SMT. D.N. MAHALAKSHMI, ADVS. FOR C/R) THIS MFA IS FILED U/S 104 R/W ORDER 43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 04.02.2017 PASSED ON I.A.NO.2 IN O.S.NO.7928/2016 ON THE FILE OF THE III ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, I.A.NO.2.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING: -
JUDGMENT Learned counsel for the appellants and respondents are present.
Learned counsel for the appellants has filed a memo dated 5.11.2018 stating that the trial Court has already dismissed the suit in O.S.No.7928/2016, out of which the present appeal arises. Therefore, seeks permission to withdraw the appeal as nothing survives for consideration in this appeal.
Memo is placed on record.
The appeal is dismissed as having become infructuous.
Sd/- JUDGE NG* CT:BMS