IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10th DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE PRADEEP SINGH YERUR M.F.A. NO.3015 OF 2017 (CPC) BETWEEN:
Smt. S. Shylaja W/o R. Krishna Devaraya, Aged about 46 years, Proprietrix, M/s. Dev Publicity, No.2, Krishnappa Layout, Sanjay Nagar, Bengaluru – 560 094. …Appellant (By Sri. Goutam Bharadwaj, Advocate for Sri. S.R. Sundar Ram, Advocate) AND:
St. Martha’s Hospital, Represented by its Administrator, No.5, Nrupathunga Road, Bengaluru – 560 002. ...Respondent (By Sri. S. Samartha, Advocate) *** This Miscellaneous First Appeal is filed under Order 43 Rule 1 (r) of Code of Civil Procedure, 1908 against the order dated 04.04.2017 passed on I.A. No.1 in O.S. No.4106/2016 on the file of the LXII Additional - 2 -
City Civil and Sessions Judge, Bengaluru, rejecting I.A. No.1 filed under Order 39 Rules 1 and 2 r/w Section 151 of CPC.
This appeal coming on for Admission this day, the Court, delivered the following:
JUDGMENT Learned counsel for the appellant files a memo dated 10.12.2019 seeking leave of the Court to withdraw the appeal as it has become infructuous.
Memo is accepted and taken on record.
Accordingly, the appeal is dismissed as having become infructuous.
Sd/- JUDGE MBM