IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29th DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.6155 OF 2016 (CPC) BETWEEN:
1. M/S SAI KALYAN BUILDERS AND DEVELOPERS PRIVATE LIMITED COMPANY, REPRESENTED BY ITS DIRECTORS, NO.3, 2ND FLOOR, OLD SUNRISE SCHOOL BUILDING, OPP.COFFEE BOARD LAYOUT PARK, KEMPAPURA, HEBBAL, BENGALURU – 560024.
2. RAVIPATHI SUNIL KUMAR, 3. CHINNAPALLI VENUGOPALA, 4. YERRAGUNTLA VENKATESULU CHOUDARY, 5. KALYANACHAKRAVARTHI YERRAGUNTALA, ALL AT OLD SUNRISE SCHOOL BUILDING, OPP.COFFEE BOARD LAYOUT PARK, KEMPAPURA, HEBBAL, BENGALURU – 560024. …APPELLANTS (BY SRI.M.A.HUMAYUN, ADVOCATE) AND:
SMT.LEELA SURESH, W/O LATE S.SURESH, AGED ABOUT 55 YEARS, RESIDING AT NO.57, 1ST STAGE, 5TH MAIN, POSTAL COLONY, SANJAYNAGAR, BENGALURU – 560094. ...RESPONDENT (BY SRI.VINOD PRASAD, ADVOCATE) **** THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1 (r) OF THE CODE OF CIVIL PROCEDURE AGAINST THE ORDER DATED: 11.08.2016 PASSED ON IA NO. 1 AND 2 IN O.S.NO.1577/16 ON THE FILE OF THE 20TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, ALLOWING IA NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 CPC, DISMISSING IA NO.2 FILED UNDER ORDER 39 RULE 4 READ WITH SECTION 151 OF CPC.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER Learned counsel for the respondent has filed a memo submitting that the Original Suit in O.S. No.1577/2016 on the file of the XX Additional City Civil and Sessions Judge, Bengaluru, is settled. The respondent-plaintiff has received the payment from the appellants. Hence the present appeal do not survive for consideration.
Considering the submission of the counsel, memo is taken on record.
The appeal is dismissed as the same has become infructuous.
Sd/- JUDGE ykl