IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL NO.4328 OF 2016 (CPC) BETWEEN:
Sri. Manjunath Son of Krishnappa Aged about 40 years Residing at No.6 Outer Ring Road Mahadevapura Bangalore-560 048. …Appellant (By Sri. K.P. Bhuvan, Advocate) AND:
1. Smt. Usha Prasad W/o Late Sri H.F. Eswar Prasad Aged about 67 years R/at No.3/10 Kaveriappa Layout Miller Tank Bund Road Vasanthanagar Bangalore-560 052.
Rep. by her General Power of Attorney Holder, Sri DHananjay Prasad.
2. Sri S. Narayanappa S/o Patel Shamanna Major in age Horamavu Village K.R. Puram Hobli Bangalore South Taluk-560 112. …Respondents (Notice served on R1 and R2) **** This Miscellaneous First Appeal is filed under Order 43 Rule 1(r) of CPC, against the order dated 16.1.2016 passed in O.S.No.7323/2013 on the file of the 22nd Additional City Civil & Sessions Judge, Bengaluru, allowing I.A.No.1 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 Heard the learned counsel for the appellant.
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