IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL NO.6123 OF 2017 (CPC) BETWEEN:
Sri Prakash H.L. Aged about 52 years S/o. late Sri Lakshminarayan H.S. R/at No.13, “Lakshmi Nivasa”
6th Main Road, AGS Layout Off New BEL Road Bangalore-560 054. …Appellant (By Sri. R.B. Sangamesh, Advocate) AND:
1. Smt. Rajeshwaramma W/o. late N.S. Rajanna Aged about 69 years.
2. Sri Chandrashekar S/o. late N.S. Rajanna Aged about 49 years.
3. Sri Manjunath S/o. late N.S.Rajanna Aged about 51 years.
4. Sri Babu S/o. late N.S. Rajanna Aged about 42 years.
5. Sri Subramani S/o. late N.S. Rajanna Aged about 39 years 6. Sri Venugopalachari S/o. late R. Subbarayachari Aged about 61 years Defendant 1 to 6 are residing At Nagavara village Arabic College Post Bangalore-560 045. …Respondents **** This Miscellaneous First Appeal is filed under Order 43 Rule 1(r) of CPC, against the order dated 21.7.2017 passed on IA No.2 in OS No.4911/2017 on the file of the City Civil & Sessions Judge, Bengaluru, issuing emergent notice and suit summons on I.A. filed U/o 39 Rule 1 & 2 of CPC .
This appeal coming on for Admission this day, the Court made the following:
JUDGMENT Learned counsel for the appellant has filed a memo stating that the suit before the trial Court is already withdrawn.
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