IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE K.SOMASHEKAR MFA NO 4687 OF 2013 (CPC) BETWEEN :
Sri.Gandlamandakal, Ramesh @ G.M.Ramesh, Son of G.M.C.Earanna Aged about 48 years, Resident of No.17, 1st Floor, II Main, II Stage, Bengaluru-560 071. ... Appellant (By Sri.S.V.Giridhar, Advocate) AND 1.The Institution of Engineers (India), No.8,Gokhale Road, Kolkatta-700 020.
Reptd. by its Secretary and Director General.
2. K.Rajinikanth, Major, Son of not known to the plaintiff Member and Convener of the Board of Scrutinizers, The Institution of Engineers (India), Karnataka State Centre, Having its Office at No.3, Dr.B.R.Ambedkar Veedhi, Bengaluru-560 001.
3.The Institution of Engineers (India), Karnataka State Centre, Having its office at No.3, Dr.B.R.Ambedkar Veedhi, Bengaluru-560 001.
Represented by its Chairman.
4.Dr.M.Chande Gowda, S/o. Late Munishamappa, No.86, 1st Main, 4th Cross, UAS Layout, RMV 2nd Stage, Sanjaynagar, Bengaluru-560 094. ... Respondents (By Sri.Ajoy Kumar Patil, Advocate for C/R4) This MFA is filed under Order 43, Rule 1(r) of CPC, against the dated: 26.4.2013 passed on I.A.No.1 in O.S.No.8394/2012 on the file of the 43rd Additional City Civil & Sessions Judge, Bengaluru, rejecting I.A.No.1 filed under Order 39, Rule 1 & 2 of CPC etc.
This MFA coming on for ‘Admission’ this day, the court delivered the following :
JUDGMENT Learned counsel Sri. S.V.Giridhar, submits that the the suit filed by the plaintiff has been dismissed and therefore, the present appeal does not survive for consideration.
2. Submission is placed on record. Appeal is dismissed as having become infructuous.
In view of dismissal of the appeal, I.A.1/2013 does not survive for consideration and it is dismissed.
Sd/- JUDGE Msu