IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL NO.2482 OF 2017 (CPC) BETWEEN:
Sri.Imtiaz Ahmed S/o late Anwar Ahmed Aged about 64 years R/at Sy.No.221, 221/1 1st Cross, 1st Main HBR Layout, 1st Block Ramdev Garden Kacharakanahalli Kalyan Nagar Bengaluru – 560 043. …Appellant (By Sri.VijayaShekara Gowda V., Advocate) AND:
Smt.Pallavi Katiyar W/o Sri.Harsha Nandi Aged about 40 years R/at No.313 9th ‘A’ Main Road HRBR Layout, 1st Block Kalyan Nagar Bengaluru – 560 043.
Represented by her GPA Holder Smt.Sulochana S.B.
W/o Dr.N.K.Chandrashekar Aged about 68 years R/at No.313, 9th ‘A’ Main Road HRBR Layout, 1st Block Kalyan Nagar Bengaluru – 560 043. …Respondent (By Sri.K.Bhanu Prasad, Advocate) **** This Miscellaneous First Appeal is filed under Order 43 Rule 1(r) of CPC, 1908 against the order dated 02.03.2017 passed on I.A.No.I in O.S.No.8055/2016 on the file of the LXIX Additional City Civil and Sessions Judge, Bengaluru City (CCH-70), allowing I.A.No.1 filed under Order 39 Rule 1 & 2 of CPC.
This appeal coming on for Orders this day, the Court made the following:
JUDGMENT Learned counsel for the appellant and respondent are absent. No representation.
Learned counsel for the respondent has filed a memo stating that the suit in O.S.No.8055/2016 has been amicably settled between the parties and the suit has been decreed in terms of the compromise.
In view of the memo and 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