IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.2461 OF 2016 (CPC) BETWEEN:
1. SRI. THIMMAIAH S/O LATE ARASAIAH AGED ABOUT 57 YEARS R/AT JANATHA COLONY K.G. LAKKENAHALLI LAKSHMIPUR POST YESHWANTHAPURA HOBLI BANGALROE NORTH TALUK-560 022 2. SRI. N. KRISHNAMURTHY S/O LATE NINGAIAH @ NINGAPPA AGED ABOUT 42 YEARS R/AT JANATHA COLONY GIDDADAKONENAHALLI VILLAGE BANGALORE NORTH TALUK-560 022 3. SRI. SHETTAPPA S/O LATE HONNAIAH AGED ABOUT 57 YEARS R/AT JANATHA COLONY K.G. LAKKENAHALLI LAKSHMIPURA POST YESHWANTHPURA HOBLI BANGALORE NORTH TALUK-560 022 4. SMT.VIJAYAMMA W/O LATE M. REVANNA AGED ABOUT 45 YEARS R/AT NO.316, 1ST CROSS, 1ST MAIN, YELLAMMA TEMPLE STREET, R.T.NAGAR BANGALORE-560 032 5. SRI. P.RAMESH S/O LATE POOJAPPA AGED ABOUT 48 YEARS R/AT NO.92, B.CHANNASANDRA BANASWADI POST BANGALORE-560 043 ... APPELLANTS (BY SRI. G. JANARDHANA, ADVOCATE) AND:
SRI. N. VENKATACHALAPATHY S/O SRI. NARAYANACHARI AGED ABOUT 40 YEARS RA/T NO.388, 4TH CROSS 1ST MAIN, SHAMBHAVINAGAR PEENYA 2ND STAGE BANGALORE-560 079 ... RESPONDENT (BY SRI. U. SHIVAKUMAR, ADVOCATE) **** THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1 (R) OF CPC, AGAINST THE ORDER DATED:20.2.2016 PASSED ON IA.1 IN OS.NO.198/2016 ON THE FILE OF THE XXXVII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-38), BENGALURU CITY.ALLOWING IA FILED U/O 39 RULE 1 AND 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