IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL NO.2500 OF 2017 (CPC) BETWEEN:
1. Smt. Narayanamma w/o. late Guruswamappa Bovi, Alias Guruswamy Aged about 80 years 2. Smt. Venkatamma d/o. late Guruswamappa Bovi Alias guruswamy w/o. late Narayanappa aged about 59 years 3. Smt. Krishnamma d/o. late Guruswamappa Bovi Alias Guruswamy w/o. Sriram aged about 56 years 4. Smt. Saraswathi d/o. late Guruswamappa Bovi Alias Guruswamy w/o. Venkatesh aged about 56 years.
5. Smt. Shanthamma d/o. late Guruswamappa Bovi Alias Guruswamy w/o. Chandra aged about 52 years.
6. Smt. Jayamma d/o. late Guruswamappa Bovi Alias Guruswamy w/o. late Srinivas aged about 50 years Appellants 1 to 6 are Residing at No.244 BVV Colony Ramamurthynagar Bangalore-560 016. …Appellants (By Sri.Muniyappa, Advocate) AND:
1. Smt. R. Latha w/o. A. Janaki Ram aged about 47 years.
2. Sri A. Janaki Ram s/o. late Anjaneya Reddy Aged about 57 years Both are residing at No.30, 5th Cross 2nd Main, L.N.Colony Yesvanthapura Bangalore-560 022.
And also residing at No.05, 3rd Cross, 3rd Main Basavasamithi Layout Near Nanjappa Circle Vidyaranyapura Bangalore-560 097. …Respondents (By Sri.Ramesh P.Kulkarni, 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.6355/2016 on the file of the XIX Additional City Civil & Sessions Judge, Bangalore City (CCH.18), allowing I.A.No.1 filed U/O 39, Rule 1 & 2 of CPC.
This appeal coming on for Admission this day, the Court made the following:
JUDGMENT Learned counsel for the respondents has filed a memo stating that the suit out of which the above case has arisen i.e. O.S.No.6355/2016 was disposed of on 26.3.2018 by trial Court.
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