IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE 2017 BEFORE THE HON’BLE MR.JUSTICE RAGHVENDRA S. CHAUHAN MISCELLANEOUS FIRST APPEAL NO.9974/2011 BETWEEN:
M/S. SURYA ELEVATORS PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT, AND HAVING ITS REGISTERED OFFICE AT NO. 10/A, 2ND FLOOR, 16TH CROSS, 18TH MAIN, PADMANABHANAGAR, BANGALORE 560 070, REP. HEREIN BY ITS MANAGING DIRECTOR MR. K. ARUNACHALAM.
... APPELLANT (BY SRI. K. SHRIHARI, ADV.) AND 1. M/S SURYA ELEVATORS AND ESCALATORS INDIA PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT NO. 11, 4TH FLOOR, 27TH MAIN, 1ST SECTOR, HSR LAYOUT, BANGALORE 560 102.
REP. HEREIN BY ITS MANAIGNG DIRECTOR MR. VENUGOPAL REDDY.
2. MR. VENU GOPAL REDDY POTHIREDDY, DIRECTOR, MAJOR, M/S. SURYA ELEVATORS AND ESCALATORS INDIA PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT NO. 11, 4TH FLOOR, 27TH MAIN, 1ST SECTOR, HSR LAYOUT, BANGALORE 560 102.
3. MS. MEENA POTHIREDDY, DIRECTOR, MAJOR, M/S. SURYA ELEVATORS AND ESCALATORS INDIA PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT NO. 11, 4TH FLOOR, 27TH MAIN, 1ST SECTOR, HSR LAYOUT, BANGALORE 560 102.
... RESPONDENTS (RESPONDENTS 1, 2, AND 3 ARE SERVED) THIS APPEAL IS FILED UNDER ORDER 43 RULE 1(R) OF CPC, AGAINST THE ORDER DT. 29.09.2011 PASSED ON I.A.NO. 1 IN O.S. NO. 5275/2011 ON THE FILE OF THE XVIII ADDITIONAL CITY CIVIL JUDGE, BANGALORE, REJECTING I.A.NO.1 FILED U/O 39 RULE 1 AND 2 OF CPC FOR T.I.
THIS APPEAL COMING ON FOR ADMISSION ALONG WITH I.A.1/2011 THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Mr. K. Shrihari, learned counsel for the appellant submits that since the suit has been dismissed, the present appeal has become infructuous.
2. Therefore, the appeal is hereby dismissed as having become infructuous.
I.A.1/2011 for temporary injunction is dismissed as a consequence.
Sd/- JUDGE KS