IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ASHOK G.NIJAGANNAVAR M.F.A.NO.2131 OF 2018 (CPC) Between:
1. Smt.Jayamma, W/o late Kapali Sairaju, Aged about 51 years, 2. Sri.Vinod, S/o late Kapali Sai Raju, Aged about 24 years, Both are residing at No.17 and 18/1, Chinnappa Layout, Kempapura, Bangalore – 560 024. … Appellants (By Sri.Chandrasekhar.B, Advocate) And:
1. Kapali Sairaju, S/o Appala Raju, Since Dead by his Lrs.
The appellants as his Wife and son.
2. Smt.K.S. Sugunamba, D/o Late Kempaiah, Aged about 55 years, 3. Smt.K.K.Sunitha, D/o late Mempaiah, Aged about 45 years, Both are residing at No.733, Patel Muniswamappa Layout, Nagawara Village, Bangalore – 560 045.
4. M.Gopal, S/o late Muniswamappa, Aged about 47 years, C/o Munirangaiah, Residing at No.2114, 9th Main Road, “D” Block, Sahakarnagar, Bangalore – 560 092. … Respondents (By Sri.K.N. Praveen Kumar, Advocate for C/R4) This Miscellaneous First Appeal is filed under Order XLI Rule 5 of the Code of Civil Procedure, 1908 seeking to set aside the order dated 8.2.2018 passed in O.S.No.454/2015 on the file of the XXXI Additional City Civil Judge, (CCH-14) Bengaluru, rejecting on IA No.7 and etc.
This appeal coming on for orders this day, the court made the following:
J U D G M E N T Learned counsel for the appellants and respondents are absent. No representation.
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.
cbc Sd/- JUDGE