IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL NO.4236 OF 2017 (CPC) BETWEEN:
Smt. Manjula Devi Aged 77 years W/o Sri M.B. Sadashivappa R/at no.971, Ekambaram Street Bangarpet-563 114. …Appellant (By Sri. D. Prabhakar, Advocate) AND:
1. Sri S.G.Basavaraju Aged 75 years S/o Sri S.G. Gubba Shetty R/at Bazar Street Sarjapura, Anekal Taluk Bangalore-562 125.
2. Sri S.G. Jagadish Chandra Aged 70 years S/o Sri. S.G.Gubba Shetty R/at No.36, 2nd Main 4th Cross, Chamarajpet Bengaluru-560 018.
3. Smt. Rajeshwari Aged 67 years W/o late S.G.Dayanand R/at No.20, 1st Cross 2nd Main, Dollars layout 4th Phase, J.P. Nagar Bengaluru-560 078.
4. Smt. Shanthala Aged 35 years D/o late S.G. Dayanand Style in Beauty Saloon No.2/2, A.R.S. Mansion New Main Road Audugodi, Bangalore-560 030.
5. M/s. MJR Builders Pvt Ltd No.54, 12th Main, 17th Cross Section 6, H S R Layout Bengaluru-560 102 Represented by its Director Sri Madhu Thalamarla. …Respondents (By Sri S. Nagaraj, Advocate for R1 and R2.) This Miscellaneous First Appeal is filed under Order 43 Rule 1(r) of CPC, against the order dated 10.2.2017 passed on I.A.No.1 in O.S.No.804/2012 on the file of the Senior Civil Judge and JMFC, Anekal, by rejecting I.A.No.1 filed under order 39 Rule 1 & 2 of CPC.
This appeal coming on for Orders this day, the Court made the following:
JUDGMENT Learned counsel for the appellant has filed a memo stating that the matter before the lower Court was amicably settled by both the parties by way of out of court settlement. As such, the appeal is rendered infructuous.
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