IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ASHOK G.NIJAGANNAVAR M.F.A. NO.8553 OF 2016 (CPC) BETWEEN:
1. Guddappa S/o Parasappa, Aged about 60 years, Agriculturist 2. Suresh S/o Guddappa, Aged about 30 years, Agriculturist, 3. Lingaraju S/o Guddappa, Aged about 28 years, Agriculturist, All are residing at Yalasi Village, Kasaba Hobli, Soraba Taluk, Shivamogga District-577201 ... Appellants (By Sri S.P.Kulkarni, Advocate) AND:
1. Ganesh G.Shet, S/o Ganapathi V Shet, Aged about 43 years, Goldsmith & Agriculturist, Maruru Road, Sorab Town, Shivamogga District-577201.
2. Yogesh S/o Kalayanappa, Adopted father Sannamallappa, Aged about 41 years, Agriculturist, R/o Near Old Police Station, Main Road, Sorab Town, Shivamogga District-577201. ...Respondents (Sri Pruthvi Wodeyar, Adv. for C/R Nos.1 and 2) This MFA is filed under Order 43 Rule 1(r) of CPC against the order dated 16.11.2016 passed on I.A.No.1 in O.S.No.29/2016 on the file of the Senior Civil Judge and JMFC, Sorab, allowing I.A. No.1 filed under Order 39 Rule 1 and 2 of CPC, for T.I.
This MFA coming on for admission this day, the court delivered the following:
JUDGMENT Learned counsel for the appellants has filed a memo seeking permission for dismissal of the MFA as the same has become infructuous.
2. Considering the submission of the learned counsel, memo is placed on record.
Accordingly, the appeal is dismissed as not pressed.
In view of disposal of main appeal, I.A.No.1/2016 for stay does not survive for consideration.
Sd/- JUDGE rv