IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL NO.3815 OF 2017 (CPC) BETWEEN:
1. Mr. Mirle Varadaraju S/o Boregowda Aged about 58 years 2. Mr. Nagaraju S/o K. Ramegowda Aged about 55 years Both R/at No.544 5th Main Road HIG Quarters Kengeri Upanagara Satellite Town Bangalore-560 060. …Appellants (By Sri. Sharath S. Gowda, Advocate) AND:
Smt. Gadegamma Kariyalala W/o Manjappa Girthimalli Aged about 41 years R/at “Thimmeshwara Nilaya”
6th Cross, New Standard School Road T. Dasarahalli Bangalore-560 007.
Now Resident at Jadayel Global Aluminium Can Factory P.O. Box No.18474 Jeddah 21415 Kingdom of Saudi Arabia Represented by her GPA holder Sri M.C. Devaraju S/o Late Chekkegowda Aged about 56 years No.123, 2nd Cross Behind Government School Sdieva Nilaya Mulluru Kodathi Gate Sarjapura Road Bengaluru-560 035. …Respondent (By Sri. N. Surendra Kumar, Advocate for caveat respondent) **** This Miscellaneous First Appeal is filed under Order 43 Rule 1(r) of CPC, against the order dated 25.4.2017 passed on IA No.1 in O.S. No.1684/2017 on the file of the XI Additional City Civil Judge, Bangalore (CCH-8), allowing I.A.No.1 filed under Order 39 Rule 1 & 2 r/w Section 151 of CPC.
This appeal coming on for Admission this day, the Court made the following:
JUDGMENT Learned counsel for the appellants has filed a memo stating that the dispute is compromised in O.S.No.1684/2017 pending on the file of XI Additional City Civil and Sessions Judge, Bengaluru.
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