IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.2458 OF 2016 (CPC) BETWEEN:
1. SRI. THIMAIAH SON OF THE LATE ARASAIAH AGED ABOUT 57 YEARS RESIDING AT JANATHA COLONY LAKSHMIPURA POST YESHWANTHAPURA HOBLI BENGALURU NORTH TALUK-560 022 2. SRI. N. KRISHNAMURTHY SON OF THE LATE NINGAIAH @ NINGAPPA AGED ABOUT 42 YEARS RESIDING AT JANATHA COLONY GIDDADAKONENAHALLI VILLAGE BENGALURU NORTH TALUK-560 034 3. SRI. SHETTAPPA SON OF THE LATE HONNAIAH AGED ABOUT 57 YEARS RESIDING AT JANATHA COLONY K.G. LAKKENAHALLI LAKSHMIPURA POST YESHWANTHPURA HOBLI BENGALURU NORTH TALUK-560 022 4. SMT. VIJAYAMMA WIFE OF THE LATE M. REVANNA AGED ABOUT 45 YEARS RESIDING AT NO.316, 1ST CROSS 1ST MAIN, YELLAMMA TEMPLE STREET R.T. NAGAR, BENGALURU-560 032 5. SRI. P. RAMESH SON OF THE LATE POOJAPPA AGED ABOUT 48 YEARS RESIDING AT NO.92 B. CHANNSANDRA BANASWADI POST BENGALURU-560 043 ... APPELLANTS (BY SRI. G. JANARDHANA, ADVOCATE) AND:
SRI. MIR HAMEEDUDDIN SON OF THE LATE ZAINULABUDDIN AGED ABOUT 69 YEARS REISING AT NO.152/2 G 3RD BLOCK, BYRAPPA LAYOUT GOVINDAPURA BENGALURU-560 045 ... RESPONDENT (BY SRI. U. SHIVAKUMAR, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL FILED UNDER ORDER 43 RULE 1 (r) OF CPC, AGAINST THE ORDER DATED:20.2.2016 PASSED ON IA.1 IN O.S.NO.194/2016 ON THE FILE OF THE XXXVII ADDL, CITY CIVIL & SEESIONS JUDGE (CCH.38), BENGALURU CITY, ALLOWING IA 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 appellants.
In view of the submission of the counsel, the appeal does not survive for consideration.
Accordingly, the miscellaneous first appeal is dismissed, as the same has become infructuous.
Sd/-
JUDGE SJ