IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.6385 OF 2016 (CPC) BETWEEN:
SMT. NASREEN TAJ W/O SRI. HAFIZULLA SHARIFF AGED ABOUT 45 YEARS R/A NO.72, NEW NO.51 KHATHA NO.152/2 KORAMANGALA 7TH BLOCK KORAMANGALA BENGALURU-560 095 ... APPELLANT (BY SRI. K.S. ARUN, ADVOCATE-ABSENT) AND:
THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU-560 020 ... RESPONDENT (BY SRI. A.M. VIJAY, ADVOCATE) **** THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DT.17.08.2016 PASSED ON I.A.NO.I IN O.S.NO.909/2016 ON THE FILE OF THE LXI ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU, REJECTING I.A. NO.1 FILED UNDER ORDER 39 RULES 1 & 2 OF CPC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Counsel for the appellant is absent. No representation.
In view of the 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