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.4212/2016(CPC) BETWEEN:
Sri.K.S.Brijmohan, S/o K.L.Swamy, Aged about 39 years, R/at No.9,Sheshadri Road, Bangalore – 560009. …Appellant.
(By Shri.Manohar V, Advocate for Shri. S.Nagaraja, Advocate) AND:
1.Sri. B.G.Kotrappa, S/o late Mudukappa, Aged about 90 years 2. Smt. D.S.Gowramma, W/o B.G.Kotrappa, Aged about 81 years 3. Sri. B.G.Shiva Shankar, S/o B.G.Kotrappa, Aged about 59 years 4. Sri.B.G.Mohan Kumar, S/o B.G.Kotrappa, Aged about 55 years 5. Sri.B.G.Prakash, S/o B.G.Kotrappa, Aged about 59 years 6. Sri. B.G. Anand, S/o B.G.Kotrappa, Aged about 44 years Respondent Nos.2 to 5 are Reptd. by their GPA Holder, respondent No.1/Sri. B.G.Kotrappa, S/o late Mudukappa, Aged about 90 years Respondent Nos.1 to 6 are R/at No.444/5, 7th Cross, 8th Main, P.J Extension.
7. Sri. T.S. Venkatesh Babu, S/o T.K. Srinivasa Murthy, Aged about 55 years 8. Sri. T.Vittal Babu, S/o T.K. Srinivasa Murthy, Aged about 51 years 9. Sri. T.S.Amarnath, S/o T.K. Srinivasa Murthy, Aged about 49 years Respondent Nos.7 to 9 are R/at No.804, 36th ‘A’ Cross, 22nd Main, 4th T Block, Jayanagar, Bengaluru -560041.
…Respondents (By Shri.V.F.Kumbar, Adv. for R7 to R9) This MFA is filed U/O 43 Rule 1(r) of the CPC, against the order dated 20/02/2016 passed on IA No.1 in O.S.No.9541/15 on the file of the 42nd Additional City Civil and Sessions Judge, Bengaluru City, dismissing I.A.No.1 filed U/O 39 Rule 1 and 2 of CPC etc.
This appeal coming on for orders this day, the Court made the following;
ORDER Learned counsel for the respondent Nos.7 to 9 has filed a memo stating that the suit filed by the appellant/ plaintiff is dismissed and that the appeal which is arising out of the interlocutory order passed in the said suit does not survive for consideration.
2. Memo is taken on record. Appeal is dismissed as having become infructuous.
Sd/- JUDGE Msu