IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL NO. 346 OF 2017 (CPC) BETWEEN:
Smt. Rathnamma W/o. Basavaraju Aged about 45 years Residing at No.3045 8th ‘A’ Cross, 14th Main RPC Layout, Vijayanagara Bengaluru-560 040. …Appellant (By Sri. D.C. Srinivasa, Advocate) AND:
1. Smt. Lakshmamma @ Venkatalakshmamma W/o. Erappa Aged about 58 years 2. Smt. Nagarathna W/o. H. Sanjeevamurthy Aged about 40 years 3. Smt. Shobha W/o. Ranganna Aged about 38 years 4. Smt. Vijaya W/o. Manjunatha Aged about 36 years The respondent No.1 to 4 are residing at No.22/3-4-5 Valegerehalli Village, I Main Road Kengeri Upanagara Bengaluru-560 060.
5. Smt. Pavithra W/o. Nagendra @ Nagaveni Aged about 32 years Residing at No.4, I Floor 7th Main Road, Subhashnagara Kengeri Upanagara Bengaluru-560 060.
6. Sri Manjunath S/o. H. Sanjeevamurthy Aged about 19 years Residing at No.22/3-4-5 Valegerehalli Village I Main Road Kengeri Upanagara Bengaluru-560 060. …Respondents (Notice held sufficient to R1 to R5 Notice served on R6) **** This Miscellaneous First Appeal is filed under Order 43 Rule 1(r) of CPC, against the order dated 17.12.2016 passed on IA No.1 in OS No.7653/2016 on the file of the LVI Additional City Civil and Sessions Judge, Bengaluru, dismissing I.A.No.1 filed U/O 39 Rule 1 & 2 of CPC.
This appeal coming on for Hearing this day, the Court made the following:
JUDGMENT Learned counsel for the appellant has filed a memo stating that the main original suit in O.S.No.7653/2016 was disposed of by the trial Court on 01.02.2019.
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