IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL NO.6058 OF 2017 (CPC) BETWEEN:
1. Sri Aswathrame Gowda Son of Late Venkataramanappa Aged about 65 years 2. Sri Manjunath Son of Late Venkataramanappa Aged about 55 years Both are residing at Muddanapalya Vishwaneedam Post Bangalore North Taluk Bangalore - 560 091. …Appellants (By Sri. M.K. Bhaskaraiah, Advocate) AND:
Sri. Vijayakumar Aged about 45 years Residing at No.33 Flat No.F2, Orinidhi Apartment SVR Layout, Basaveshwara Nagar Shankaramata Bangalore-560 079. …Respondent (By Sri.K.P. Bhuvan, Advocate.) This Miscellaneous First Appeal is filed under Order 43 Rule 1(r) of CPC, against the order dated 24.07.2017 passed on I.A.No.1 in O.S.No.3871/2007 on the file of the LXVI Additional City Civil & Sessions Judge, Bangalore City, (CCH- 67) rejecting I.A.No.1 filed U/O 39, Rule 1 & 2, read with Section 151 of CPC.
This appeal coming on for Orders this day, the Court made the following:
JUDGMENT Heard the learned counsel for respondent.
In view of the office note, the appeal does not survive for consideration.
Accordingly, the miscellaneous first appeal is dismissed, as the same has become infructuous.
Sd/- JUDGE SSD