IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR MFA NO.3137 OF 2015 C/w. MFA NO.3136 OF 2015 AND MFA NO.3138 OF 2015 (CPC) BETWEEN:
The Commissioner Bruhath Bangalore Mahanagara Palike Hudson Circle Bangalore-560 005. …Appellant (By Sri. Kempanna, Advocate) AND:
Sri. Nasser Aziz S/o Sri. Abdul Aziz Aged about 50 years R/at No.46, Aziz Cottage 60 ft. Road, Sanjaynagar Bangalore. …Respondent (By Sri.N.S. Sheshadri, Advocate.) This Miscellaneous First Appeal is filed under Order 43 Rule 1(r) of CPC, against the order dated 18.3.2015 passed on I.A.Nos.1 and 2 in O.S.No.908/2015 in MFA No.3137/2015, O.S.No.785/2015 in MFA No.3136/2015 and O.S.No.910/2015 in MFA No.3138/2015 on the file of the 40th Additional City Civil & Sessions Judge, Bangalore City, (CCH-67) rejecting I.A.No.1 filed U/O 39, Rule 1 & 2, read with Section 151 of CPC and dismissing I.A.No.2 filed U/O 39 Rule 4 read with Section 151 of CPC.
These appeals coming on for Admission this day, the Court made the following:
JUDGMENT Heard the learned counsel for 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