IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER 2019 BEFORE THE HON’BLE MRS JUSTICE K.S.MUDAGAL MISCELLANEOUS FIRST APPEAL NO. 9345 OF 2018 (CPC) BETWEEN:
SMT P.USHA WIFE OF S.ASHOK AGED ABOUT 27 YEARS NO.22, “MARUTHINILAYA” VIJAYA BANK COLONY RAMAMURTHY NAGAR MAIN ROAD DODDABANASWADI BENGALURU-560 043 … APPELLANT (BY SRI JANARDHANA G., ADV.) AND:
1. SRI K.UDAYAKUMAR SON OF G.KRISHNAPPA AGED ABOUT 50 YEARS 2. SRI K.RAJUBABU SON OF G.KRISHNAPPA AGED ABOUT 46 YEARS 3. K.MANJUNATH SON OF G.KRISHNAPPA AGED ABOUT 42 YEARS 4. K.UMESH SON OF G.KRISHNAPPA AGED ABOUT 38 YEARS ALL ARE RESIDING AT: 41, MEGALANIVAS 3RD ‘E’ MAIN JAIBHARATH NAGAR BENGALURU-560 033 … RESPONDENTS [BY SRI D.R.SUNDARESHA, ADV. FOR R1 TO R4 (ABSENT)] THIS MFA IS FILED UNDER ORDER XLIII RULE 1(r) OF THE CODE OF CIVIL PROCEDURE PRAYING TO SET ASIDE THE ORDER DATED 16.11.2018 PASSED BY THE LVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU (CCH.NO.58) IN O.S.NO.26204/2018.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Learned counsel for the appellant submits that during the pendency of this appeal, since there was no interim order the respondents completed the construction, therefore the plaintiff has filed application for amendment of the plaint to seek decree for possession. He further submits that this appeal may be disposed of directing the Trial Court to dispose of the suit in an expeditious manner.
2. Under the circumstances, this appeal has become infructuous and disposed of accordingly.
3. The Trial Court is hereby requested to dispose of the main matter as expeditiously as possible.
4. In view of the disposal of the appeal, I.A.No.1/2018 does not survive for consideration and disposed of accordingly.
Sd/- JUDGE KG