IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.4599 OF 2015 (CPC) BETWEEN:
1. HANUMAN PRASAD MALPANI SON OF LATE SRI. R.P. MALPANI AGED ABOUT 60 YEARS 2. SHOBHA DEVI MALPANI WIFE OF HANUMAN PRASAD MALPANI AGED ABOUT 55 YEARS 3. VARSHA MALPANI WIFE OF AMITH MALPANI AGED ABOUT 31 YERAS ALL ARE RESIDING AT ABHINANDAN NO.11/3, LAKSHMI ROAD 5TH CROSS, SHANTHINAGAR BENGALURU-560 027 ... APPELLANTS (BY SRI. SANJAY H. SETHIYA, ADVOCATE-ABSENT) AND:
R. ASWATHANARAYANA SON OF LATE RAMAIAH AGED ABOUT 43 YEARS RESIDING AT NO.43 MALLIKARJUNA GALLI AVENUE ROAD BENGALURU-560 002 ... RESPONDENT (BY SRI. SHAIK ISMAIL ZABIULLA, ADVOCATE ) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43, RULE 1(r) OF CPC, AGAINST THE ORDER DATED:16.2.2015 PASSED ON IA NO.1 IN O.S.NO.1072/2015 ON THE FILE OF THE 9TH ADDITIONAL CITY & SESSIONS JUDGE, BENGALURU, DISPOSAL OF IA NO.1 FILED U/O 39, RULE 1 & 2, R/W SEC 151 OF CPC AND TO MAINTAIN STATUS QUA TILL THE NEXT DISPOSAL OF THE SUIT.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Heard learned counsel for the appellants.
In view of the submission of the counsel, the appeal does not survive for consideration.
Accordingly, the miscellaneous first appeal is dismissed, as the same has become infructuous.
Sd/-
JUDGE SJ