IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE S.R.KRISHNA KUMAR R.F.A.NO. 1927 OF 2016 (EX-SS) BETWEEN S MITRA & COMPANY REP BY ITS GPA HOLDER, SRI. B.M. MODI, AGED ABOUT 71 YEARS, SHOP NO. 01, GROUND FLOOR, SHRUNGAR SHOPPING COMPLEX, PROPERTY BEARING NO. 80/1, M.G. ROAD, BENGALURU 560001 (BY SRI.R.B.SADASIVAPPA, ADVOCATE) AND 1 . MISS CHITRALEKHA THUMBOOCHETTY D/O. LATE. SRI. F. THUMBOOCHETTY AGED ABOUT 70 YEARS NO. 17, PROMENADE ROAD FRAZER TOWN BENGALURU -560 005.
…APPELLANT 2 . SRI. JOHN RAVIKANTH THUMBOOCHETTY S/O. LATE. SRI. F. THUMBOOCHETTY AGED ABOUT 67 YEARS, NO. 17, PROMENADE ROAD, FRAZER TOWN BENGALURU – 560 005.
3 . MRS. MARY GEETHANJALI THUMBOOCHETTY D/O. LATE. SRI. F. THUMBOOCHETTY AGED ABOUT 66 YEARS, NO. 13/14,BEALE STREET, LIVEPOOL NEW SOUTH EALES AUSTRALIA.
4 . SRI. BERNARD VIKRAM THUMBOOCHETTY S/O. LATE. SRI. F. THUMBOOCHETTY AGED ABOUT 61 YEARS, NO. 17, PROMENADE ROAD FRAZER TOWN BENGALURU- 560 005.
5 . M/S DNL ENTERPRISES NO. 79/80, M.G. ROAD, SHRUNGAR SHOPPING COMPLEX, BENGALURU 560 001.
REP BY ITS PARTNER, SRI. SHANKAR TAMRE …RESPONDENTS (BY SRI ASHOK B. PATIL, ADVOCATE FOR C/R-2 SRI K.M.JAGANATH, ADVOCATE FOR R-4) THIS APPEAL IS FILED UNDER SECTION 96 OF THE CPC, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED: 26.09.2016 PASSED ON IA NO.40, (THERE IS A COMMON ORDER WITH RESPECT TO IA NOS.18 TO 41) IN EX.CASENO.142/2014 BY THE 11TH ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU AND CONSEQUENTLY, DISMISS THE EXECUTION PETITION NO.142/2014 AGAINST THE APPELLANT HEREIN AND ETC.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT It is submitted on behalf of the appellant that the present appeal has become infructuous in view of the fact that appellant as well as all other occupants have vacated and handed over vacant possession of the schedule premises to the landlord. A memo of even date to this effect is filed and the same is taken on record.
2. Accordingly, at the instance of the appellant, the Appeal is dismissed as having become infructuous.
bnv* Sd/- JUDGE