IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE ASHOK G.NIJAGANNAVAR M.F.A. NO.807 OF 2016 (CPC) Between:
Messrs Karmikara Raithara Vasathi Nirmana Sahakara Sangha Limited, No.92, 1st Floor, Bull Temple Road, Chamarajpet Bangalore-560018, Represented by its President Sri H.V. Rajanna ... Appellant (By Sri V.N.Simha, Advocate) And:
1. Smt. Prem S. Gujjar, W/o Srikanth R Gujjar, Aged About 69 Years, Residing At No : 459/H, 1st Floor, 9th ‘D’ Main, Pipeline, Vijayanagar, Bangalore–560040.
2. Sri Harish K, S/o Sri K.R.Krishnamurthy Aged About 45 Years, Residing At No 458/7, ‘Omkara Nilaya’, 14th Main, S.B.M. Colony 1st Stage, Srinivasanagar BSK 1st Stage, Bangalore-560050 3. Smt. Geetha Harish W/o Sri Harish Krishnamurthy Aged About 44 Years, Residing at No.458/7, ‘Omkara Nilaya’, 14th Main, S.B.M. Colony 1st Stage, Srinivasanagar BSK 1st Stage, Bangalore-560050 4. Sri Niranjan C.Jain S/o Sri Chandraraj S Aged About 32 Years, Residing at No.28/35, 18th Main, Padmanabhanagar, Bangalore – 560070 Respondents (By Sri.C.Rajanna, Adv. for R2 & R3) This MFA filed under Order 43 Rule 1(r) of the CPC, against the order dated 28.10.2015 passed on I.A.No.1 in O.S.No.5997/2015 on the file of the 42nd Additional City Civil & Sessions Judge, Bengaluru, Dismissing the I.A.No.1 under Order 39 Rule 1 & 2 of CPC.
This MFA coming on for Orders this day, the court delivered the following:
JUDGMENT Learned counsel for the appellant has filed a memo stating that appeal was preferred against interim order. Thereafter, the trial court has proceeded with evidence. Hence, the appeal does not survive for consideration.
2. Considering the submission of the learned counsel, memo is placed on record.
Accordingly, appeal is dismissed as not pressed.
Sd/- JUDGE rv