IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER 2019 BEFORE THE HON’BLE MRS JUSTICE K.S.MUDAGAL MISCELLANEOUS FIRST APPEAL NO.6801/2018 (CPC) BETWEEN:
SRI B.N.SRINIVASA MURTHY S/O LATE B.V.NARAYANA AGED ABOUT 58 YEARS R/AT LAKSHMI VENKATESHWARA ESTATE MYSORE ROAD, BENGALURU – 560 060 … APPELLANT [(BY M.N.MUNIREDDY, ADV. (ABSENT)] AND:
1. SRI B.N.VENKATARAJU S/O LATE B.V.NARAYANA AGED ABOUT 47 YEARS R/AT NO.104, LIG 1ST STAGE KENGERI SATTLLITE TOWN EXTENSION BENGALURU – 560 060 2. SMT.M.MUNIYAMMA AGED ABOUT 84 YEARS W/O LATE B.V.NARAYANA R/AT NO.1158, 7TH BLOCK NEAR SREE NEELAKANTESHWARA TEMPLE SRI M.VISHWESWARAIAH LAYOUT MUDDAIAHNAPALYA BENGALURU – 560 060 … RESPONDENTS (BY SRI R.S.RAVI, ADV. FOR R1; SMT.SANDHYA JAMADANI, ADV. FOR R2) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) READ WITH SECTION 104 OF CPC, 1908 AGAINST THE ORDER DATED 09.08.2018 PASSED ON I.A.NO.9 IN O.S.NO.5758/2016 ON THE FILE OF THE LXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH NO.68), DISMISSING I.A.NO.9 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T No representation for the appellant.
This appeal is filed challenging the interim order passed by the trial court on I.A.No.9 in O.S.No.5758/2016.
2. Learned Counsel for respondent No.2 has filed memo with documents to show that the trial court vide order dated 23.04.2019 on I.A.No.VIII has rejected the plaint in O.S.No.5758/2016 invoking Order VII Rule 11(d) CPC. Therefore, this appeal has become infructuous and disposed of accordingly.
In view of disposal of the appeal, pending I.As. stood disposed of.
Sd/- JUDGE KNM/-