IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE S.R. KRISHNA KUMAR CRP NO.100 OF 2016 C/W. MFA NO.5426 OF 2017 BETWEEN:
R. Kemparaju S/o. K. Rajanna Aged about 44 years R/at. Gangadharapura (Rojipura) Doddaballapura Town Doddaballapura Taluk Bangalore Rural District Pin Code-561 203. …Petitioner/Appellant (common) (By Sri. Prasanna Kumar.C.S., Advocate) AND:
1. N. Kotresh S/o late H. Narayanagowda Aged about 52 years R/at. Gangadharapura (Rojipura) Doddaballapura Town Doddaballapura Taluk Bangalore Rural District Pin Code-561 203.
2. Ameerzan Major Fathers name not known R/at. Gangadharapura (Rojipura) Doddaballapura Town Doddaballapura Taluk Bangalore Rural District Pin Code-561 203.
3. S. Dayananda Major Fathers name not known R/at. Vinayakanagara Opp. Court Doddaballapura Town Doddaballapura Taluk Bangalore Rural District Pin Code-561 203. …Respondents (common) (By Sri.M. Keshava Reddy, Advocate for R1; v/o dtd. 10.8.2017, notice to R2 & R3 dispensed with) **** This Civil Revision Petition is filed under Section 115 of CPC, 1908 against the judgment and decree dated 30.11.2015 passed in E.P.No.3/2015 on the file of the Prl. Civil Judge and JMFC, Doddaballapur, dismissing the I.A.No.3 filed under order VII Rule 11(d) r/w Sec.151 of CPC.
This Miscellaneous First Appeal is filed under Order XLIII Rule 1(w) of CPC, 1908 against the order dated 06.06.2017 passed on I.A. in E.P.No.3/2015 on the file of the Principal Civil Judge and JMFC, Doddaballapur, allowing I.A. under Order XLVII Rule 1 read with Section 151 of CPC.
This Civil Revision Petition and Miscellaneous First Appeal coming on for Admission this day, the Court made the following:
ORDER Both the learned counsel submit that the term of the petitioner having expired, the Election Petition filed by respondent No.1 before the Court below has become infructuous and consequently both these Civil Revision Petition as well as the Miscellaneous First Appeal are to be dismissed as having become infructuous.
The joint submissions are taken on record.
Both the Civil Revision Petition and the Miscellaneous First Appeal are dismissed as having become infructuous.
Sd/- JUDGE SSD