IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF APRIL, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL NO.152 OF 2019 (CPC) BETWEEN:
Dr.C.N.Sudarshan S/o late C.N.Naidu Aged 51 years R/at No.18th Main, 1st Cross Ganesha Block Mahalakshmi Layout Bengaluru – 560 086.
(By Sri.Sadashivaiah K.G., Advocate) AND:
1. Smt.B.R.Varalakshmi @ B.R.Varalakshmamma W/o H.Gavisiddaiah Aged 59 years No.6, 3rd Cross V.B.Layout, Krishnarajapuram Bengaluru – 560 036.
2. Sri.K.M.Suresh Reddy S/o K.Munirathnamma Reddy Aged 47 years R/at No.343, 2nd Main, 2nd Stage K.H.B. Colony, Basaveshwaranagara Bengaluru – 560 079.
…Appellant 3. Sri.Raghunath Reddy S/o K.Munirathnamma Reddy Aged 44 years C/o Raja Reddy H.No.2879, 2nd Stage Subramanya Nagara Bengaluru – 560 010.
(R1 served; R2 and R3 notice dispensed) …Respondents This Miscellaneous First Appeal is filed under Order 43 rule 1(r) of CPC, against the order dated 18.08.2018 passed on I.A. No.1 in O.S.No.4493/2018 on the file of the XXXVII Additional City Civil Judge, (CCH-38), Bengaluru, allowing I.A.No.1 filed U/O 39 Rule 1 & 2 of CPC.
This appeal coming on for further Orders this day, the Court delivered the following:
JUDGMENT Learned counsel for the appellant has filed a memo seeking permission to withdraw the appeal.
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