IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25th DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.3760 OF 2015 (CPC) BETWEEN:
MR. M A M R MUTHAIAH, S/O MR. M A M RAMASWAMY, AGED ABOUT 45 YEARS, R/O CHETTINAD HOUSE, RAJA ANNAMALAIAH PURAM, CHENNAI – 600 028.
REPRESENTED BY POA HOLDER MR. P S PRABU, S/O P S SWAMINATHAN, AGED ABOUT 27 YEARS, R/O K.P.S. PALACE, NO.1/1, PULIPONE BAZAAR, II STREET, TRIPLICANE, CHENNAI – 600 005. …APPELLANT (BY SRI. BHANUPRAKASH, V G, ADVOCATE) AND:
MR. M A M RAMASWAMY, S/O LATE RAJAH SIR M A MUTHAIAH, AGED ABOUT 86 YEARS, R/O CHETTINAD HOUSE, RAJA ANNAMALAIAH PURAM, CHENNAI – 600 028. ...RESPONDENT (BY SRI. PRATEEK RATH, ADVOCATE FOR SMT. NALINA MAYEGOWDA, ADV., POOVAYYA & CO.,) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 02.05.2015 PASSED ON I.A. NO.3 IN O.S. NO.220/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, VIRAJPET, ALLOWING I.A. NO.3 FILED UNDER ORDER 39 RULE 4 OF CPC.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for the appellant is absent. No representation.
Learned counsel for the respondent has filed a memo along with the case status report of O.S. No.220/2014 pending before the Senior Civil Judge and JMFC, Virajpet, which indicates that the suit is dismissed as not pressed as per the order dated 25.06.2016.
On going through the case status report filed by the counsel for the respondent it is evident that the counsel for the plaintiff before the trial Court had filed a memo and the suit was dismissed as not pressed.
The present appeal is preferred against the order passed on IA 3 in O.S. No.220/2014. In view of disposal/dismissal of the said suit, the present appeal do not survive for consideration. Accordingly, the appeal is dismissed.
Sd/- JUDGE ykl