IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL NO.5572 OF 2013 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO.5571 OF 2013 (CPC) In MFA No.5572/2013 (CPC) :
BETWEEN:
Mr.K.Gopala Raju, S/o. Late A.S.Kupparaju, Aged 61 years, R/at No.104, R.V. Layout, Kumarapark West Extension, Bengaluru-560 020. …Appellant (By Sri Ashok.B.Patil, Adv.,) AND:
1. M/s.Synergy Holdings, A partnership firm, with its registered office, At No.3/13, 10th Floor, Tower Block, Unity Buildings, J.C.Road, Bengaluru-560 002.
Represented by its Managing Partner, Mr.V.Srinivas Raju.
2. V.Srinivas Raju, S/o. Late Varadaraju, Age about 54 years, 3. Shri.Goutham. S. Varad, S/o Srinivasraju, Aged about 30 years, 4. Ms.Shruti. S. Raju, D/o. Srinivasraju, Aged about 28 years, Respondents 2 to 4 are, R/at No.12, 10th Main Road, Rajmahal Villas Extension, Sadashiv Nagar, Bengaluru-560 080.
5. M/s. Unnati Projects Limited, A company registered under the Companies Act, Having its Office At No.3/13, 10th Floor, Tower Block, Unity Buildings, J.C.Road, Bengaluru-560 002.
Represented by its Managing Director, V.Srinivas Raju. …Respondents (By Sri.Y.K.Narayan Sharma, Adv., for R1 to R5) **** This MFA is filed under Order XLIII Rule 1(r) of C.P.C praying to set aside the order dated 30-05-2013 passed by the Court of the V Addl. City Civil Judge, Bengaluru, dismissing I.A.No.2 and allow the same, in O.S.No.1383/2012, in the interest of justice and equity.
In MFA No.5571/2013 (CPC) :
BETWEEN:
Mr. K. Gopala Raju, S/o. Late A. S. Kupparaju, Aged 61 years, R/at No.104, R.V. Layout, Kumarapark West Extension, Bengaluru-560 020. …Appellant (By Sri Ashok.B.Patil, Adv.,) AND:
1. M/s.Synergy Holdings, A partnership firm, with its registered office, At No.3/13, 10th Floor, Tower Block, Unity Buildings, J.C.Road, Bengaluru-560 002.
Represented by its Managing Partner, Mr. V. Srinivas Raju.
2. V. Srinivas Raju, S/o. Late Varadaraju, Age about 54 years, 3. Shri. Goutham S. Varad, S/o Srinivasraju, Aged about 30 years, 4. Ms. Shruti. S. Raju, D/o. Srinivasraju, Aged about 28 years, Respondents 2 to 4 are, R/at No.12, 10th Main Road, Rajmahal Villas Extension, Sadashiv Nagar, Bengaluru-560 080.
5. M/s. Unnati Projects Limited, A company registered under the Companies Act, having its Office At No.3/13, 10th Floor, Tower Block, Unity Buildings, J.C.Road, Bengaluru-560 002.
Represented by Its Managing Director, V.Srinivas Raju. …Respondents (By Sri.Y.K.Narayan Sharma, Adv., for R1 to R5) **** This MFA is filed under Order XLIII Rule 1(r) of C.P.C praying to set aside the order dated 30-05-2013 passed by the Court of the V Addl. City Civil Judge, Bengaluru dismissing I.A.No.1 and allow the same, in O.S.No.1383/2012, in the interest of justice and equity.
These appeals coming on for Admission this day, the Court delivered the following:
JUDGMENT Counsel for the appellant filed a memo for dismissal of both the MFAs. as they have become infructuous.
Considering the submission of the learned counsel, memo is taken on record.
Both MFAs. are dismissed as they do not survive for consideration.
In view of dismissal of both the appeals, I.A.No. 2/13 in MFA 5572/2013 and I.A. Nos. 1, 2 and 3/2013 in MFA 5571/2013 stand disposed of, as the same do not survive for consideration.
Sd/- JUDGE MGN*