IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.787 OF 2015 (CPC) BETWEEN:
SRI B. K. CHANDRE GOWDA S/O KALE GOWDA, A/A: 66 YEARS, RESIDING AT: NO.59, 5TH CROSS, NEAR MAHESWARAMMA TEMPLE, SARASWATHI NAGAR, MAHADEVAPURA, BANGALORE-48.
... APPELLANT (BY SRI. S. B. HALLUR, ADV.) AND T. V. SRINIVASAIAH S/O VEERANNA AGE: 69 YEARS, PROPRIETOR, LAKSHMINARASIMHA PROVISION STORE, 1ST MAIN, 1ST CROSS (OPP. TO PARK), HANUMANTAPURA BADAVANE, TUMKUR-572 106.
... RESPONDENT (BY SRI. S. N. PRASHANTH CHANDRA, ADV.) THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DT.03.01.2015 PASSED ON I.A.NO.1 IN O.S.NO.6/2015 ON THE FILE OF THE PRINCIPAL CIVIL 2 JUDGE (SR.DN), BANGALORE RURAL DISTRICT, BANGALORE, ISSUING SUIT SUMMONS & EMERGENT NOTICE ON I.A. FILED U/O 39 RULE 1 & 2 OF CPC.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for the appellant has filed a memo for dismissal of the suit, as the O.S.No.6/2015 is pending before the trial Court is withdrawn.
Considering the submission of the learned counsel, memo is placed on record and the appeal is dismissed as the same have become infructuous.
Sd/- JUDGE SJK