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.1146 OF 2017 (CPC) BETWEEN:
1. N. CHARLES S/O ANANDAM AGED 48 YEARS 2. N. SHANTHAKUMARI W/O N. CHARLES AGED 40 YEARS BOTH ARE R/AT NO.20 KARUNYA VILLA GANESH LAYOUT NEAR SHRINIDHI LAYOUT VIDYANYAPURA BENGALURU-560 097 ... APPELLANTS (BY SRI. T.S. VENKATESH, ADVOCATE) AND:
1. SANGEETHA ARUN KUMAR W/O S.K. ARUN KUMAR AGED 50 YEARS 2. S.K. ARUN KUMAR S/O NOT KNOWN AGED 57 YEARS BOTH ARE R/AT NO.7, PRIDE ORCHID WHITEFILED ROAD TUBARAHALLI BENGALURU-560 066 ... RESPONDENTS (BY SRI. B. RANGASWAMY, ADVOCATE) **** THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 24.01.2017 PASSED ON I.A.NO.1 IN O.S.NO.8037/2016 ON THE FILE OF THE XXXVII ADDITIONAL CITY CIVIL JUDGE, BANGALORE CITY, REJECTING I.A.NO.1 FILED UNDER ORDER 39 RULE 1 & 2 R/W SECTION 151 OF CPC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Counsel for the appellants is absent. No representation.
Learned counsel for the respondents has filed memo stating that the appellant has withdrawn suit O.S. No.8037/2016 as such the appeal has become infructuous.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 SJ