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. 3148 OF 2017 (CPC) BETWEEN:
Sri Ranganathachar S/o late Srinivasachar Aged about 66 years Residing at No.8, Anjanadri Nilaya 4th Cross, Sarayi Palya Main Road Vidhyasagara Layout, SRK Post Bangalore-560 077. …Appellant (By Sri. T. Seshagiri Rao, Advocate) AND:
1. Sri Venkatesh Aged about 56 years Residing at Sriramapura Jakkur Post, Yelahanka Hobli Bangalore North Additional Taluk Bangalore-560 064.
2. Smt. Anusuya W/o Gopalakrishna Aged about 51 years Residing at No.541/3 3rd Main A Block Rajajinagar Bangalore-560 010. …Respondents This Miscellaneous First Appeal is filed under Order 43 Rule 1(r) of CPC, against the order dated 15.2.2017 passed on I.A.No.1 and 3 in O.S.No.7244/2016 on the file of the XXXIII Additional City Civil & Sessions Judge, Bangalore City (CCH.33), dismissing I.A.No.1 filed U/O 39, Rule 1 & 2 of CPC, allowing I.A.No.3 filed under Order 39 Rule 4 read with Section 151 of CPC.
This appeal coming on for Admission this day, the Court made the following:
JUDGMENT Heard 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