IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.8009 OF 2013 (CPC) BETWEEN:
S. Mohan S/o. Subramanyam V, Aged about 67 years, Residing at No.4/384, Prakruthi Layout, Hennur Village, Kalyan Nagar, Bengaluru – 560 043. … Appellant (By Sri. Raghu Prasad. B.S., Advocate) AND:
Samson Somashekar S/o. Srikantaiah, Aged about 36 years, Carrying business at No.700, 60 feet Road, 4th stage, BEML Layout, Rajarajeshwari Nagar, Bengaluru – 560 098. ... Respondent (By Sri. Ko.Vijaya Kumar, Advocate) This Miscellaneous First Appeal is filed under Order 43, Rule 1 (r) of CPC, against the order dated 05.08.2013 passed on I.A.No.1 in O.S.No.4656/2013 on the file of the 15th Additional City Civil & Sessions Judge, Bengaluru, allowing I.A.No.1 filed under Order 39, Rules 1 & 2 read with Section 151 of CPC and etc.
This appeal coming on for Admission this day, the Court delivered the following:
JUDGMENT The learned counsel for the appellant has filed a memo dated 25.01.2019 along with the print out of case status (CCH No.1) of Principal City Civil and Sessions Judge in respect of Original Suit No.4656/2013.
2. It is submitted that in view of dismissal of the Original Suit No.4656/2013, the Miscellaneous First Appeal has become infructuous. As such, the same is liable to be disposed of.
3. The present Miscellaneous First Appeal is preferred against the order dated 05.08.2013 on I.A.No.1 passed by the XV Additional City Civil and Sessions Judge, Bengaluru (CCH No.3) in Original Suit No.4656/2013.
4. The case status report discloses that the suit is dismissed in view of withdrawal of memo filed before the Lok-Adalath. Under these circumstances, this Miscellaneous First Appeal does not survive for consideration. Hence, I pass the following:-
ORDER Miscellaneous First Appeal is dismissed.
Sd/- JUDGE SJK