IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.8127 OF 2013 (CPC) BETWEEN:
1. SHRI M.C.DHANARAJ, AGED ABOUT 65 YEARS, S/O.LATE SHRI.CHINAAPPA, RESIDING AT NO.1, DAFEDAR MUNIYAPPA LANE, THIGALARAPET, BENGALURU CITY.
2. SHRI.C.MANJUNATH, AGED ABOUT 58 YEARS, S/O.LATE SHRI.CHINNAPPA, RESIDING AT NO.1, DAFEDAR MUNIYAPPA LANE, THIGALARAPET, BENGALURU CITY.
3. SHRI.J.BHEEMA RAJ, AGED ABOUT 50 YEARS, S/O.LATE SHRI.JAYARAM, RESIDING AT NO.1, DAFEDAR MUNIYAPPA LANE, THIGALARAPET, BENGALURU CITY.
4. SHRI.J.HARISH BABU, AGED ABOUT 45 YEARS, S/O.LATE SHRI.JAYARAM, RESIDING AT NO.1, DAFEDAR MUNIYAPPA LANE, THIGALARAPET, BENGALURU CITY. …APPELLANTS (BY SRI.SHYAM SUNDAR, ADVOCATE) AND:
1. MR.PREMKUMAR, MAJOR, FATHER’S NAME NOT KNOWN, C/O.MR.KIRAN R, NO.20/2, MUNESHWARA BLOCK, 24TH MAIN, 50 FEET ROAD, GIRINAGAR, BENGALURU – 560085, ALSO AT THILAKNAGAR MAIN ROAD, THILAKNAGAR, BENGALURU – 560001.
(PLACED EXPARTE BEFORE THE COURT BELOW).
2. MRS.SAVITHA S, MAJOR, FATHER’S NAME NOT KNOWN, HOUSE NO.184/4, 11TH CROSS, 3RD BLOCK, 6TH A MAIN, R.T.NAGAR, BENGALURU. ...RESPONDENTS (BY SRI.D.R.RAJASHEKARAPPA FOR R2, ADVOCATE APPEAL AGAINST R1 DISMISSED V/O/D 14.11.2018) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF CPC., AGAINST THE ORDER DATED 12.09.2013 PASSED ON IA NO.1 IN O.S.NO.2819/2013 ON THE FILE OF THE XXII ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE, REJECTING THE IA NO.1 FILED UNDER ORDER 39 RULES 1 AND 2 OF CPC.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the appellants has filed a memo seeking permission to withdraw the appeal.
In view of the submission of the counsel, the memo is placed on record. The appeal is dismissed as withdrawn.
Counsel for the appellants and respondents submitted that the original suit is of the year 2013 and the case is at the stage of defendants’ evidence. Considering the submission of both the counsels, the lower court is directed to dispose of the matter expeditiously.
Sd/-
JUDGE ykl