IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY, 2019 BEFORE THE HON' BLE MR. JUSTICE K.SOMASHEKAR M.F.A.No.8486/2013 (CPC) BETWEEN:
SRI. LOGANATHAN V., AGED ABOUT 28 YEARS, S/O VIJAYKUMAR A., C/O “KARNATAKA DALITHA AND MINORITIES MAHA SABHA ®” NO.47, 50 FEET MAIN ROAD, KUMARSWAMY LAYOUT, II STAGE, GOVINAYAKANAHALLI VILLAGE, BANGALORE – 560 078.
...APPELLANT (BY SRI SURESH D DESHPANDE, ADVOCATE) AND:
1. SRI. ANKAPPA, S/O LATE KRISHNAPPA, AGED ABOUT 60 YEARS, RESIDING AT NO.47, 50 FEET MAIN ROAD, KUMARSWAMY LAYOUT, II STAGE, GOVINAYAKANAHALLI VILLAGE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE – 560 078.
2. MEGHA ST.PHILOMENAS EDUCATION SOCIETY, REPRESENTED BY ITS PRINCIPAL SECRETARY, MR.SHIVARAJU, AGED MAJOR, S/O LATE CHIKKALINGAIAH, NO.47, 50 FEET ROAD, NEAR YELLAMMA TEMPLE, KUMARSWAMY LAYOUT, II STAGE, GOVINAYAKANAHALLI VILLAGE, BANGALORE – 560 078.
...RESPONDENTS (BY SRI. G. BALAKRISHNA SHASTRY, ADVOCATE FOR R2) *** THIS MFA IS FILED U/O 43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 20.09.2013 PASSED ON IA NO.1 IN O.S.NO.5867/2013 ON THE FILE OF THE 10TH ADDITIONAL CITY CIVIL & SESSIONS JUDGE, C/C. 8TH ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BANGALORE, REJECTING IA NO.1 FILED U/O 39 RULE 1 & 2 OF CPC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT The learned counsel for appellant and respondents are present.
2. The learned counsel for appellant has filed a memo dated 30.01.2017 seeking to dismiss the above appeal as having become infructuous due to the dismissal of the suit in OS No.5876/2013.
3. The memo is taken on record.
4. Accordingly, the appeal is dismissed as having become infructuous.
Sd/- JUDGE VK