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.7890 OF 2017 (CPC) BETWEEN:
Sri.Rohit.S Aged about 19 years S/o. Late H.S.Satya Kumar R/at No.609, B-1 Block ‘Genesis Eco Sphere’ Neeladri Road, Electronic City Bengaluru – 560 100.
Now represented by his Mother Power of Attorney Holder Smt.Neeraja Patil W/o. Raghavendra Patil Also residing at the above address. …Appellant (By Sri.B.S.Umesh, Advocate) AND:
1. Smt.Sulochan Bai Aged about 84 years W/o. Late. H.S.Shamachar 2. Sri. Sridhara Murthy.H.S Aged about 62 years S/o. Late H.S.Shamachar No.Sri.Rama Krupa, Old No.107 New No.283/C, 38th Cross, 8th Block Jayanagar, Bengaluru-560 070.
3. Sri.Nagaraj.H.S Aged about 60 years S/o.Late H.S.Shamachar.
4. Sri.Venkatesh.H.S Aged about 58 years S/o.Late H.S.Shamachar 5. Smt.Srimathi Aged about 54 years D/o. Late H.S.Shamachar 6. Smt.Uma, Aged about 52 years D/o. Late. H.S.Shamachar (Respondents 1, 3 to 6 Are also residing at No.83/A, 23rd Cross, 6th Block Jayanagar, Bengaluru-560 082.
7. Smt.Shantala, Aged about 50 years D/o. Late. H.S.Shamachar, 23rd Cross 6th Block, Jayanagar, Bengaluru-560 082.
8. M/s.Creative Panel Crafts A registered partnership firm Having office at No.8, Ramaraju Garden Ganapathipura, Kanakapura Road Bengaluru-560 062.
8A. Sri.S.Sateesh Kumar Managing Partner M/s.Creative Pannel Crafts S/o. Late.V.Venkata Shamaiah Aged about 49 years No.40/1, 25th Cross, 6th Block Jayanagar, Yediyur Bengaluru-560 082.
8B. Sri.V.P.Naveen Kumar Managing Partner M/s.Creative Pannel Crafts S/o.V.Prasanna Kumar Aged about 34 years No.28, 1st Floor, Omshivashaktinagar Kanakapura Road Bengaluru-560 062. …Respondents (Notice dispensed with R1 to R7; Notice to R8 is served) **** This Miscellaneous First Appeal is filed under Order 43 Rule 1(r) of CPC, against the order dated 08.08.2017 passed on I.A.No.1 in O.S.No.2396/2013 on the file of the Principal City Civil & Sessions Judge, Bengaluru, rejecting I.A.No.1 filed under Order 39 Rule 1 & 2 of CPC.
This Appeal coming on for Orders this day, the Court delivered the following:
JUDGMENT Heard learned 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