IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL NO.7772 OF 2016 (CPC) BETWEEN:
1. Sri B. Satish Kumar S/o Mr. Bachegowda Aged about 33 years R/at No.-5, Venkateshpura Jakkur Post Bangalore-560 064.
2. Mr. V. Ravichandra S/o Late Varade Gowda Aged about 36 years R/of “Kushi”
No.62, 1st Cross, 2nd Main 4th Phase, Dollar Layout J.P. Nagar, Bangalore-78.
3. Mr. V. Masti Chandra S/o. Late Varade Gowda Aged about 34 years R/at “Mastigowda Nilaya”
1st Cross extension, Kuvempunagar Channapatna Town Ramanagar District-562 138. …Appellants (By Sri. M.H. Prakash, Advocate) AND:
1. Sri Munishamappa @ Doddamunishamappa S/o Late. Kaddipude Munishamappa Aged about 87 years.
2. Sri Muniswamy @Munishami S/o Munishamappa Aged about 55 years.
3. Sri Rathanamma W/o Muniswamy @ Munishami Aged about 42 years.
4. Sri Munilakshmamma D/o Muniswamy @ Munishami Aged about 24 years.
5. Smt. Hamsaveni D/o Muniswamy @ Munishami Aged about 20 years.
6. Kumari Nagaveni D/o. Muniswamy @ Munishami Aged about 20 years.
7. Kumari Sushmitha D/o Muniswamy @ Munishami Aged about 18 years.
All are R/at No.55, Srirampura Village Jakkur Post, Yelahanka Hobli Bangalore-560 064. …Respondents (By Sri. Prakash Shetty, Advocate for R1 to R3 Sri Ravi L. Vaidya, Advocate for R4 to R7.) This Miscellaneous First Appeal is filed under Order 43 Rule 1(r) of CPC, against the order dated 29.09.2016 passed on I.A.No.2 in O.S.No.6961/2016 on the file of the XXX Additional City Civil Judge, Bangalore, issuing Ad interim temporary injunction, notice & suit summons on I.A.No.II 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 Learned counsel for the appellant and respondents are absent. No representation.
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