IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.1573 OF 2017 (CPC) BETWEEN:
SRI. RANJINI S/O SRI. C. SHIVALINGAM AGED ABOUT 38 YEARS # 1/189, GOPALAN GRANDIER MAHADEVAPURA, HOODI BENGALURU-560 048 ... APPELLANT (BY SRI. A. KUMARAVEL, ADVOCATE) AND:
1. C. SIVALINGAM S/O LATE CHIDAMBARA MUDALIAR AGED ABOUT 62 YEARS 2. SARAVANAN SIVALINGAM S/O SIVALINGAM. C AGED ABOUT 36 YEARS 3. SIVA GANESAN. S S/O SIVALINGAM. C AGED ABOUT 32 YEARS RESPONDENTS NO.1 TO 3 ARE RESIDING AT # 5/72 RAMAR KOLI STREET PONNAI(POST), VALAJA TALUK(OLD) NOW KATPADI TALUK VELLORE DISTRICT TAMIL NADU-686 501 4. M. VIJAYALAKSHMI D/O V.S. MURUGESAN AGED ABOUT 63 YEARS # 2BS3, SURESHNAGAR 3RD STREET, CHENNAI-600 081 TAMIL NADU 5. CHANDRASHEKARAN VISWAPRIYA D/O SRI. CHANDRASEKARAN AGED ABOUT 31 YEARS R/AT #1, ANTHONY STREET RAYAPETTAH, CHENNAI-600 014 TAMIL NADU ... RESPONDENTS (BY SRI. P.N. RAJESWARA FOR, ADVOCATE FOR C/R5) **** THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) READ WITH SECTION 151 OF CPC, AGAINST THE ORDER DATED 01.12.2016 PASSED ON I.A. NO.4 IN O.S.NO.11/2015 ON THE FILE OF THE XLIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISPOSING I.A.NO.4 FILED UNDER ORDER 39 RULE 1 & 2 CPC.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Counsel for the appellant is absent. No representation.
Heard learned counsel for respondent No.5.
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 SJ