IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.9483 OF 2018 (CPC) BETWEEN:
SHETTOJI RAO S/O LATE NAGOJI RAO AGED ABOUT 73 YEARS R/AT NO.135, ALLAMMAPRABHU ROAD SRI RAMA MANDIRA, GAVIPURAM BENGALURU-560 019 …APPELLANT (BY SRI. K.G. KUMAR, ADVOCATE) AND:
BALAKRISHNA NAIDU S/O LATE SRINIVASULU NAIDU AGED ABOUT 55 YEARS R/AT NO.21, 3RD CROSS ITTAMADU LAYOUT BSK 3RD STAGE BENGALURU-560 085 ...RESPONDENT (BY SRI. VIJAYASHEKARE GOWDA, ADVOCATE) **** THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(R) OF CPC, AGAINST THE ORDE DATED:12.09.2018, PASSED ON IA.NO.1 IN O.S. NO.7377/2017, ON THE FILE OF THE XLIV ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGLAURU (CCH-45), DISMISSING THE IA NO.1, FILED UNDER ORDER 39 RULES 1 & 2 OF CPC.
2 THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Counsel for the appellant has filed a memo of even date seeking to withdraw the appeal as not pressed, as the same has become infructuous.
2. Memo is placed on record.
3. In view of the said memo, appeal is dismissed as the same has become infructuous.
Sd/-
JUDGE BSR