IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.1718 OF 2017 (CPC) BETWEEN:
SMT. M. SARASWATHI AGED ABOUT 45 YEARS W/O SRI. L. SAMAPTH R/AT NO.331/8P, 6TH CROSS PAI LAYOUT, HULIMAVU B.G. ROAD, BANGALORE-560 06 ... APPELLANT (BY SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE) AND:
SRI. DAMODHAR SANTOSH KUMAR S/O MR. M.K.D. MENON AGED ABOUT 43 YEARS R/AT ADITYA NIVAS KUTTAMEROOR PO, MANNAR, ALLEPY KERALA-689 623 REP BY HIS GPA HOLDER MR. MANISH SHIVARAMA HEDGE S/O MR. SHIVARAMA SHESHAPPA HEGADE AGED ABOUT 44 YEARS R/AT “SHESHAKRUPA”, NO. 303 6TH MAIN, OFF 100 FEET ROAD HAL II STAGE, DEFENCE COLONY BENGALURU-560 038 ... RESPONDENT (BY SRI. R. SRINIVAS, ADVOCATE ) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 03.01.2017 PASSED ON I.A.NO.1 IN O.S.NO.2563/2015 ON THE FILE OF THE XXXIX ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BANGALORE, DISMISSING I.A.NO.1 FILED U/O 39 RULE 1 & 2 OF CPC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Heard learned counsel for the appellant.
In view of the submission of the counsel, the appeal does not survive for consideration.
Accordingly, the miscellaneous first appeal is dismissed, as the same has become infructuous.
Sd/-
JUDGE SJ