IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL NO.1761 OF 2015 (CPC) BETWEEN:
P.R.Chenna Reddy S/o P.Veera Reddy Aged about 59 years Residing at No.2-A Thomas Manor, 88 Richmond Road Bangalore – 25. …Appellant (By Sri. M.S.Varadarajan, Advocate) AND:
1. S.Mangilal S/o Sumeramal Aged about 62 years 2. M.Rakesh Kumar S/o S.Mangilal Aged about 40 years 3. M.Deepesh Kumar S/o S.Mangilal Aged about 35 years 4. Smt. Parsan Bai W/o Mangilal Aged about 60 years Respondents 1 to 4 are Residing at No.19 Jain Temple Road, OPH Road Shivajinagar Bangalore – 560 051.
5. Sri.N.Shivaprasad Aged about 60 years S/o late Sri.Nanjappa Residing at No.415, 6th ‘A’ Main HRBR Layout, Banaswadi Bangalore – 560 043.
6. Sri.Veeramani K.C. Aged about 57 years S/o Sri.Chinnaraju Resident of HRBR Layout Banaswadi Bangalore – 560 043.
7. S.Nagappa S/o late Shamanna Reddy Aged about 62 years Residing at No.20, Kattaripalya 6th Block, 17th ‘B’ Main Road Koramangala Bangalore – 560 095. …Respondents (By Sri.M.S.Raghavendra Prasad, Advocate for R2 to R4; Sri.Gireesha R.J., Advocate for R5 & R6;
R1 deceased) **** This Miscellaneous First Appeal is filed under Order 43, Rule 1(r) of CPC, against the order dated 10.02.2015 passed in O.S.No.10494/2006 on the file of the 11th Additional City Civil Judge, Bangalore, dismissing IA No.5 filed under Order 39, Rule 1 & 2, read with Section 151 of CPC and IA No.6 filed under Order 39, Rules 1 & 2, read with Section 151 of CPC.
This appeal coming on for Admission this day, the Court made the following:
JUDGMENT Learned counsel for the appellant has filed a memo stating that the suit in O.S.No.10494/2006 on the file of XI Additional City Civil and Sessions Judge, Bangalore (CCH-8) was disposed of on 10.10.2017.
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