IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.5183 OF 2015 (CPC) BETWEEN:
1. Sri. Pradeep Kumar Ghodke, Aged about 49 years, S/o late N.Janardhan Rao Ghodke, R/at Vaddarapalya, Horamavu Post, K.R.Puram Hobli, Kalyananagar Post, Bengaluru East Taluk, Bengaluru-560 043.
2. Smt. Heera Bai, Aged about 47 years, D/o late N.Janardhan Rao Ghodke, R/at Vaddarapalya, Horamavu Post, K.R.Puram Hobli, Kalyananagar Post, Bengaluru East Taluk, Bengaluru-560 043. …Appellants (By Sri. V.B.Shivakumar, Advocate (absent)) AND:
1. Smt. Shakunthala Bai, Aged about 76 years, W/o late N.Janardhan Rao Ghodke, R/at No.4, Giddappa Block, Tannery Road Cross, Bengaluru-560 005.
2. Sri. Sathyanarayana Ghodke, Aged about 47 years, S/o late N.Janardhana Rao Ghodke, R/at No.4, Giddappa Block, Tannery Road Cross, Bengaluru-560 005.
3. Sri. Amaranth Ghodke, Aged about 47 years, S/o late N.Janardhan Rao Ghodke, R/at No.4, Giddappa Block, Tannery Road Cross, Bengaluru-560 005.
4. Smt. Sridevi Shekhani, Aged about 41 years, D/o late N.Janardhana Rao Ghodke, R/at No.4, Giddappa Block, Tannery Road Cross, Bengaluru-560 005.
5. Sri. N.Ashok.
Aged about 38 years, S/o Sri. C.N.Nanjundappa, R/at No.11, R.S.Palya, M.S.Nagar Post, Bengaluru-560 033.
6. Sri. G.R.Sundaramurthy, Aged about 72 years, S/o late G.M.Rama Murthy, R/at No.20, Kemp Road, Frazer Town, Bengaluru-560 005. ...Respondents (Respondent Nos.1 to 4 served;
By Sri. Sangamesh R B, Advocate for R5; Sri. H.S.Girish Reddy, Advocate for R6) This Miscellaneous First Appeal is filed under Order 43 Rule 1(r) of CPC, against the order dated 29.04.2015, passed in I.A.No.1 in O.S.No.6759/2014 on the file of the XII Additional City Civil Judge, Bengaluru City, dismissing I.A.No.1 filed U/O 39 Rules 1 and 2 of CPC and etc., This appeal coming on for admission this day, the Court delivered the following:
JUDGMENT The learned counsel for the appellants is absent. No representation. The learned counsel for respondent Nos. 5 and 6 submitted that the O.S.No.6759/2014, out of which this appeal arises, is disposed of.
2. The case status report pertaining to O.S.No.6759/2014 on the file of the XII Additional City Civil and Sessions Judge, discloses that the suit is disposed of on 23.01.2019. The present Miscellaneous First Appeal is filed against the order on I.A.No.1/2015 passed in O.S.No.6759/2014.
3. In view of disposal of O.S.No.6759/2014, the present Miscellaneous First Appeal does not survive for consideration. Accordingly, I pass the following:-
ORDER Miscellaneous First Appeal is dismissed.
Sd/- JUDGE RB