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.9820 OF 2017 (CPC) Between:
1. Smt. Rehana Begum W/o. Late Faiyaz Ahmed Aged about 54 years R/at No.28, 3rd Cross Hayath Manzil Mohammedan Block Malleshwaram Bengaluru-560 003.
2. Sri. Mohammed Ismail S/o. Late Mohammed Rizwan Aged about 37 years R/at No.28/1, 3rd Cross Hayath Manzil Mohammedan Block Malleshwaram Bengaluru-560 003. ... Appellants (By Sri. Zakir Hussain, Advocate,) And:
1. Sri. Harry D’Souza, S/o. Late Xavier D’Souza Aged about 55 years R/at No. 27/1, 3rd Cross Mohammamedan Block Malleshwaram Bengaluru-560 003.
2. The Commissioner Bruhat Bangalore Mahanagara Palike Hudson Circle Bengaluru-560 001.
3. The Executive Engineer Bruhat Bangalore Mahanagara Palike Malleshwaram Bengaluru-560 003. ... Respondents (By Sri. Dilraj Rohit Sequeira, Advocate, for R1; Sri. S.N.Prashanth Chandra, Advocate, for R2 & R3) This MFA is filed u/O 43 Rule 1(r) of CPC, against the order dt.31.08.2017 passed on I.A.No.2 in O.S.No.567/2017 on the file of the XII Additional City Civil & Sessions Judge, Bengaluru, (CCH-27), dismissing I.A.No.2 filed u/O 39 Rule 1 & 2 of CPC.
This appeal coming on for Orders this day, the Court delivered the following:
JUDGMENT Heard counsel for the appellants.
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 SSD