IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04th DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE PRADEEP SINGH YERUR M.F.A. NO.2691 OF 2016 (CPC-SJ) BETWEEN:
SRI SHIVANNA S/O/ LATE SUBBANNA AGED ABOUT 59 YEARS R/A. NO.31, 13TH ‘C’ CROSS MAGADI ROAD, DASARAHALLI BENGALURU – 560 079 …APPELLANT AND:
(BY SRI SANTHOSH FOR SRI M.S.VARADARAJAN, ADVOCATE) 1. SRI S.V. SOMASHEKAR S/O. V.N. VENKATAPPA AGED ABOUT 61 YEARS R/AT. SHIVAPURA VILLAGE YESHWANTHAPURA HOBLI BENGALURU NORTH TALUK – 560 022 2. SRI JAGADISHACHARI S/O. KRISHNACHARI AGED ABOUT 38 YEARS R/A. NO.37/1, 1ST MAIN ROAD 6TH CROSS, SANJEEVINAGAR HEGGANAHALLI, VISWANEEDAM POST BENGALURU – 560 091 ...RESPONDENTS (BY SRI S.V. VENUGOPAL, ADVOCATE FOR R2) *** - 2 -
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1 (R) OF CODE OF CIVIL PROCEDURE, 1908 PRAYING TO SET ASIDE THE ORDER DATED 07.11.2015 PASSED ON I.A. NOS. I AND II IN O.S.NO.5151/2014 ON THE FILE OF THE VIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU, ALLOW THE I.A.NO.I AND DISMISS I.A. NO.2 BY ALLOWING THIS APPEAL.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT, DELIVERED THE FOLLOWING:
JUDGMENT The learned counsel for appellant files a memo dated 04.12.2019, stating that the suit in OS No.5151/2014 has been disposed of on 10.10.2019. He submits that the present appeal is arising out of the orders passed on IA Nos.1 & 2 in the said suit. Hence, he prays to dismiss the appeal as the same will not survive for consideration.
2. The memo is taken on record.
3. Accordingly, the appeal is dismissed as having become infructuous.
Sd/- JUDGE VK