IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.1182 OF 2015 (AA) BETWEEN:
SRI.T.K.KEMPARAJU, S/O.LATE KRISHNAPPA, AGED ABOUT 59 YEARS, RESIDING AT NO.69, SEETHA BYRAVESHWARA NILAYA, PIPELINE ROAD, YESHWANTHPUR, BENGALURU – 560022. …APPELLANT (BY SRI.B.M.HALASWAMY, ADVOCATE-ABSENT) AND:
SRI.VISHWANATH KUMAR, PROPRIETOR, M/S.ADITHI LANDSCAPING AND CONSTRUCTIONS, NO.81, 2ND MAIN, 80TH FEET ROAD, RMV II STAGE, BENGALURU – 560094. ...RESPONDENT **** THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 37(1) (a) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE ORDER DATED 20.012.2014 PASSED ON IA NO.1 IN AA NO.430/2014 ON THE FILE OF THE X ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, I/C XXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE, REJECTING IA NO.1 FILED UNDER ORDER 39 RULES 1 AND 2 OF CPC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT The present miscellaneous first appeal is of the year 2015. On 19.02.2015, emergent notice was ordered. But, no steps were taken. Later, on 24.02.2016, submission was made regarding compliance. But, again no steps were taken until this day.
2. The appeal is preferred against the order dated 20.12.2014 passed on I.A. No.1 in A.A. No.430/2014 by the XXV Additional City Civil & Sessions Judge, Bangalore. According to the case status report pertaining to A.A. No.430/2014 on the file of the XXV Additional City Civil & Sessions Judge, Bangalore, disclose that the same was disposed of as per the order dated 12.02.2016. Under these circumstances, the present miscellaneous first appeal do not survive for consideration.
3. Hence, the miscellaneous first appeal is dismissed.
Sd/- JUDGE SJ