IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.428 OF 2015 (CPC) BETWEEN:
1. SMT.GANGAMMA W/O LATE NANJAPPA, NOW AGED ABOUT 78 YEARS, RESIDING AT MUTTAYANA PALYA VILLAGE, KUDUR HOBLI, MAGADI TALU – 562120, RAMANAGAR DISTRICT.
2. SRI PARVATHAIAH S/O LATE NANJAPPA, NOW AGED ABOUT 73 YEARS, RESIDING AT MUTTAYANA PALYA VILLAGE, KUDUR HOBLI, MAGADI TALUK – 562120, RAMANAGARA DISTRICT. …APPELLANTS (BY SRI.PRADEEP J.S, FOR SRI SUBBA SHASTRY, ADVOCATES) AND:
SMT.JAYALAKSHMAMMA, NOW AGED ABOUT 41 YEARS, W/O SRI S.H.JAYARAMAIAH, RESIDING AT MUTTAYANAPALYA VILLAGE, KUDUR HOBLI, MAGADI TALUK – 562120, RAMANAGARA DISTRICT. ...RESPONDENT (BY SRI.SIDDAMALLAPPA P.M, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1 (r) OF CPC, AGAINST THE ORDER DATED 12.12.2014 PASSED ON I.A.NO.III IN O.S.NO.524/2014 (OLD NO.482/2012) ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MAGADI, ALLOWING I.A.NO.III FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the appellants has filed a memo submitting that the original suit in O.S. No.524/2014 (Old O.S.No.482/2012) pending before the Senior Civil Judge and JMFC, at Magadi, is disposed off on 20.02.2018. Hence the present appeal do not survive for consideration.
In view of the submission of the counsel, memo is taken on record. Accordingly, the appeal is dismissed.
Sd/- JUDGE ykl