IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF APRIL, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL NO.7855 OF 2015 (CPC) BETWEEN:
1. Smt.Kusuma W/o late Mogappa Aged 44 years R/o Halebeedu Village And Post, Belur Taluk, Hassan District – 573 115.
2. Sri.H.K.Keshavamurthy S/o late Kadasiddaiah Aged about 38 years R/o Hiremagaluru Village Kasaba Hobli Chikmagalur Taluk and District – 577 101.
3. Sri.Annaiah S/o late Gaviayappa Aged about 62 years Retired Employee R/o Vishwas Residency Mavinathopu Chikmagalur Taluk and District – 577 101.
4. Sri.Janaiah S/o late Kadasiddaiah Aged about 52 years Teacher R/o Hiremagaluru Village Kasaba Hobli Chikmagalur Taluk and District – 577 101. …Appellants (By Sri.M.C.Jayakirthi, Advocate) AND:
1. Sri.Vinod Kumar S/o Sri.Mohan Lal Jain Aged about 41 years Vardhaman Silk Kendra M.G.Road Chikmagalur – 577 101.
2. H.S.Sannasiddaiah S/o late Siddaiah Aged about 64 years R/o Forest Office Quarters Kudremukh Main Road Begar Village, Sringeri Taluk Chikkamagaluru District – 577 139.
3. Banumathi @ Shakila Banu W/o H.S. Sannasiddaiah Aged about 52 years R/o Forest Office Quarters Kudremukh Main Road Begar Village, Sringeri Taluk Chikkamagaluru District – 577 139.
4. Rajesh S/o H.S.Sannasiddaiah Aged about 27 years R/o Forest Office Quarters Kudremukh Main Road Begar Village, Sringeri Taluk Chikkamagaluru District – 577 139.
5. Manoj S/o H.S.Sannasiddaiah Aged about 25 years R/o Forest Office Quarters Kudremukh Main Road Begar Village, Sringeri Taluk Chikkamagaluru District – 577 139.
6. H.S.Jagadeesh S/o late Siddaiah Aged about 52 years Agriculturist R/o Hiremagaluru Village Kasaba Hobli Chikmagalur Taluk and District – 577 101.
7. Smt. Sharada W/o Jagadeesh Aged about 46 years R/o Hiremagaluru Village Kasaba Hobli Chikmagalur Taluk and District – 577 101.
8. Smt.Kumari Veena D/o Jagadeesh Aged about 25 years R/o Hiremagaluru Village Kasaba Hobli Chikmagalur Taluk and District – 577 101.
9. Yogesh S/o Jagadeesh Aged about 22 years R/o Hiremagaluru Village Kasaba Hobli Chikmagalur Taluk and District – 577 101.
10. Ravikumar S/o late Siddaiah Aged about 43 years R/o Hiremagaluru Village Kasaba Hobli Chikmagalur Taluk and District – 577 101.
11. Smt.Savithramma W/o Ravikumar Aged about 36 years R/o Hiremagaluru Village Kasaba Hobli Chikmagalur Taluk and District – 577 101.
12. Smt.Kavitha S/o Ravi Kumar Aged about 21 years R/o Hiremagaluru Village Kasaba Hobli Chikmagalur Taluk and District – 577 101.
13. Smt.Prasanna S/o Ravi Kumar Aged about 18 years R/o Hiremagaluru Village Kasaba Hobli Chikmagalur Taluk and District – 577 101.
14. Supritha S/o H.S.Ravikumar Aged about 16 years R/o Hiremagaluru Village Kasaba Hobli Chikmagalur Taluk and District – 577 101.
15. Smt.Kamalamma @ Ammaiah W/o Chandrashekar Aged about 61 years R/o Hiremagaluru Village Kasaba Hobli Chikmagalur Taluk and District – 577 101.
16. Smt.Halamma W/o Saganaiah Aged about 56 years R/o Main Road Indavara Village and Post Chikmagalur Taluk and District – 577 101. …Respondents (By Sri A Madhusudhan Rao, Advocate for R2, R3, R4, R5, R6, R7, R9, R10 to R12 served) This Miscellaneous First Appeal is filed under Order 43 Rule 1(r) of CPC, against the order dated 13.07.2015 passed in I.A.No.X in O.S.No.150/2013 on the file of the 1st Additional Senior Civil Judge and JMFC, Chikkamagaluru, allowing I.A.No.X filed U/O 39 Rule 1 and 2 read with Section 151 of CPC.
This appeal coming on for Orders this day, the Court delivered the following:
JUDGMENT Learned counsel for the appellants has filed a memo stating that this MFA has become infructuous as the suit in O.S.No.150/2013 has been disposed of on 02.01.2017.
In view of the memo and office note, the appeal does not survive for consideration.
Accordingly, the miscellaneous first appeal is dismissed, as the same has become infructuous.
Sd/- JUDGE SSD