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 M.F.A. NO.8530 OF 2016 (CPC) BETWEEN:
SRI. S. RAVI S/O LATE SUBBANNA GOWDA AGED ABOUT 55 EYARS R/A NO.47, “SUKARA NILAYA” AGB LAYOUT, 2ND STAGE BANGALORE-560 086 ... APPELLANT (BY SRI. SHANKARAPPA, ADVOCATE) AND:
1. THE VICE PRESIDENT AND SECRETARY, GOVERNMENT OF PRE-UNIVERSITY COLLEGE SDMC, (HIGH SCHOOL DIVISION) PEENYA 1ST STAGE, TUMKUR ROAD BANGALORE-560 058 2. THE VICE PRINCIPAL GOVERNMENT PRE UNIVERSITY COLLEGE, SDMC (HIGH SCHOOL DIVISION) PEENYA 1ST STAGE, TUMKUR ROAD BENGALURU-560 058 ... RESPONDENTS (BY SRI. L. VIJAY KUMAR, ADVOCATE FOR R1 & R2) **** 2 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43(r) OF CPC AGAINST THE ORDER DATED 05.12.2016 PASSED ON I.A.NO.1 IN O.S.NO. 7594/2016 ON THE FILE OF THE XXXVII ADDITIONAL CITY CIVIL JUDGE, (CCH-38) BENGALURU CITY, REJECTING I.A.NO.1 FILED UNDER ORDER XXXIX RULES 1 & 2 CPC.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Counsel for the appellant absent. No representation.
2. Counsel for the respondents submits that the suit in O.S.No.7594/2016 is disposed of on 09.08.2018. Hence, the present appeal does not survive for consideration.
3. The status report pertaining to O.S.No.7594/2016 discloses that the suit is disposed on 09.08.2018. Hence, the appeal is dismissed as the same has become infructuous.
BSR Sd/- JUDGE