IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER 2019 BEFORE THE HON’BLE MRS JUSTICE K.S.MUDAGAL MISCELLANEOUS FIRST APPEAL NO.2384/2016 (CPC) BETWEEN:
SYED AMEERJAN S/O GAFAR SAB AGED ABOUT 65 YEARS R/O 100 FEET ROAD, KHAZI NAGAR BEHIND NIGHTINGALE SCHOOL SHIVAMOGGA CITY – 577 202 … APPELLANT (BY SRI PAVAN KUMAR K., ADV. FOR SRI H.S.PRASHANTH, ADV.) AND:
1. SYED NOORULLA S/O SYED GAFAR SAB AGED ABOUT 52 YEARS R/O URUGADURU VILLAGE MATHUR ROAD, SULEBYLE POST BESIDE CHANNEL, OPP:DANA PALACE SHIVAMOGGA CITY – 577 201 2. SYED NAZARULLA S/O SYED GAFAR SAB AGED ABOUT 48 YEARS R/O URGADURU VILLAGE MADARI PALYA, 1ST CROSS SHIVAMOGGA CITY – 577 201 3. SAHEERA BANU W/O SYED MANSOOR D/O SYED GAFAR SAB AGED ABOUT 42 YEARS R/O R.M.L NAGAR, 2ND CROSS BEHIND UNIT HALL SHIVAMOGGA CITY – 577 201 4. SYEFUNNISA W/O JAHEER SAB D/O SYED GAFAR SAB AGED ABOUT 50 YEARS R/O URUGADURU VILLAGE SULEBYLE MAIN ROAD SHIVAMOGGA CITY – 577 201 5. RAZIYABI W/O WALLIS AB D/O SYED GAFAR SAB AGED ABOUT 48 YEARS R/O HONNEBAGI VILLAGE NEAR MASEEDI, CHANNAGIRI TALUK DAVANAGERE DISTRICT – 577 213 6. HIBBJUNNISA @ JAREENABI W/O ABDUL SAMAD D/O SYED GAFAR SAB MAJOR R/O TIPUNAGAR RIGHT SIDE, 1ST CROSS SHIVAMOGGA CITY – 577 201 … RESPONDENTS (BY SRI P.GANESHA, ADV. FOR C/R1 TO R6) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC AGAINST THE ORDER DATED 13.07.2015 PASSED ON IA NO.1 IN O.S.NO.204/2014 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, SHIVAMOGGA, REJECTING IA NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Learned Counsel for the appellant submits that the main suit before the trial court itself is dismissed, therefore, this appeal has become infructuous.
Said submission is recorded and the appeal is disposed of accordingly.
Sd/- JUDGE KNM/-