IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL NO.3316 OF 2018 (CPC) BETWEEN:
Sri R Ashok Kumar Aged about 46 years S/o. V Ramaiah R/at No.102, Old No.42 Kaggadasapura C.V. Raman Nagar Post Bengaluru – 560 093. ... Appellant (By Sri.Bhadrinath R., Advocate) AND:
Brigade Garden Owners Association No.19, Church Street Bengaluru – 560 001. Represented by its Secretary Sri. Deepak L Batavi. ... Respondent (By Sri. S Nagaraja, Advocate ) **** This Miscellaneous First Appeal is filed under Order 43 Rule 1(r) of CPC, against the order dated 06.04.2018 passed on I.A.No.2 in O.S.No.8805/2017 on the file of the II Additional City Civil and Sessions Judge, Bengaluru City (CCH-17), dismissing I.A.No.2 filed under Order 39 Rule 1 & 2 read with Section 151 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 seeking permission to withdraw the appeal as not pressed as the matter is settled out of court.
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