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.8172 OF 2016 (CPC) BETWEEN:
1. Smt.Manjula W/o late Eregowda Aged about 45 years 2. Sri.Sreekanta S/o late Eregowda Aged about 21 years 3. Kum.Tejaswini D/o late Eregowda Aged about 19 years All are Residing at No.112, Garudacharpalya Mahadevapura Post Bengaluru. …Appellants (By Sri. N.R.Naik, Advocate) AND:
Sri.M.N.Gopala Krishna Shetty, S/o late M.Narasimhaiah, Aged about 74 years, Residing at No.15/6, Bull Temple Road, Bengaluru – 560 004. …Respondent (Notice served on Respondent) This Miscellaneous First Appeal is filed under Order 43 1(r) of CPC Act, against the order dated 16.11.2016 passed on I.A.No.1 in O.S.No.6100/2016 on the file of the 59th Additional City Civil & Sessions Judge, Bengaluru, allowing I.A.No.1.filed under Order 39, Rules 1 and 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 seeking permission to withdraw the appeal.
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