IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR MISCELLANEOUS FIRST APPEAL No.7750 OF 2017 (CPC) BETWEEN:
Smt. K.R.Usha Rani, D/o. Late Athmananda Guptha, W/o. Dr. K.V.Ravindranath, Aged 57 years, # 1632, 4th Cross, M.G.Road, Tumkur-572101.
(By Sri. K.Lokesh, Advocate) AND:
1. Sri. K.R.Sagar, S/o. Kodandarama, Aged 24 years, C/o. Raju, # 16, 7th Cross, K.G.S. Layout, RMV II Stage, Bengaluru-560094.
2. Sri. M.Chandrashekar, S/o. G.Muniyappa, Aged 35 years, # 35/1, II Cross, A.K.Colony, Frazer Town, Bengaluru-560005.
3. Mrs. Challa Suneetha Reddy, D/o. Yerragunta Venkataramana Reddy, …Appellant Aged 36 years, # F-4, Type Dew NVT Orchind Garden, Chembenahalli, Sarjapura Main Road, Bengaluru-562125.
4. Smt. Yerragunta Venkata Subhashini, D/o. Yerragunta Venkataramana Reddy, Aged 34 years, # 405, Balaji Elite Apartment, 2nd Sector, 24th Main, H.S.R.Layout, Bengaluru-560102.
5. Smt. Parvathamma, W/o. Late H.Krishnappa, Aged 73 years, 6. K.Gangamma, D/o. Late H.Krishnappa, Aged 55 years, 7. Sri. K.Rajanna, S/o. Late H.Krishnappa, Aged 51 years, 8. Sri. K.Ravi, S/o. Late H.Krishnappa, Aged 49 years, 9. Sri. K.Ramesh, S/o. Late H.Krishnappa, Aged 48 years, Respondents 5 to 9 are Resident of Chanakya Layout, Nagavara Village, Arabic College Post, Bengaluru-560045.
... Respondents (By Sri. S.Vasanth Madhav, Advocate for R4) This MFA is filed under Order 43 Rule 1(r) of CPC, against the order dated 17.07.2017 passed on I.A.No.7 in O.S.No.1056/2017 on the file of the XIX Additional City Civil and Sessions Judge at Bengaluru City (CCH 18), allowing I.A.No.7 filed under Order 39 Rule 4 of CPC.
This MFA coming on for orders this day, the Court made the following:
ORDER The appellant’s counsel has filed a memo stating that this appeal has become infructuous and therefore this appeal be dismissed. Memo is placed on record. Appeal is dismissed accordingly.
The appellant is at liberty to make such application as may be necessary in the facts and circumstances of the case.
KMV/-
Sd/- JUDGE