IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ASHOK G.NIJAGANNAVAR M.F.A. NO.8512 OF 2018 (CPC) BETWEEN:
SRI. SADGURU NITYANANDA SEVA SAMITHI SIRSI (NK), NITYANANDA MATTA ROAD, SIRSI, NORTH KANNADA, REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE SRI.JAYANNA, S/O SRI.GANGAPPA, NO.11, MUNNISWAMYGOWDA LAYOUT, 1ST CROSS, HEBBAL, KEMPAPURDA, BANGALORE - 560 024. ... APPELLANT (BY SRI.S.S. SRINIVAS RAO & SRI.YESHU MISHRA, ADVOCATES) AND:
1. SMT. VASANTHA BAI @ VASANTHAMMA, D/O NEELAKANTHA, AGED ABOUT 64 YEARS, PRESIDENT, VASABATHA BAI SEVASHRAMA, NO.159, 8TH CROSS ROAD, VISHPRIYA LAYOUT, BEGURU, BOMMANAHALLI POST, BANGALORE - 560 068.
2. SRI.V. MANJUNATHACHAR, S/O B.S. VEERACHAR, AGED ABOUT 49 YEARS, NO.225, AJNANADRI TOWERS, 100 FEET ROAD, 2ND CROSS, 10TH MAIN, HRBR LAYOUT, BANGALORE - 560 043.
3. M/S SRI. JAGADGURU MAHABALANDA SWAMIJI CHARITABLE TRUST, REPRESENTED BY ITS CHAIRMAN SRI.P. BABU, S/O SRI. PADMANABHA, AGED ABOUT 52 YEARS, NO.211, OM SHAKTHI, SRI.ANNAPOORNESHWARI TEMPLE, 80 FT ROAD, KALYAN NAGAR, I BLOCK, BANGALORE - 560 043. ... RESPONDENTS (BY SRI.D.J. GOVINDARAJU, ADVOCATE FOR C/R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.30.08.2018 PASSED ON IA NO.1&3 IN O.S.NO.2870/2017 ON THE FILE OF THE 19TH ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY (CCH- 18), REJECTING IA NO.1&3 FILED U/O.39 RULE 1&2 OF CPC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
J U D G M E N T Learned counsel for the appellant present. Learned counsel for the respondents absent.
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 cbc