IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL NO.5988 OF 2017 (CPC) BETWEEN:
T. Vajrappa S/o. Sridattathimmarayappa Aged about 65 years R/a 133, Soumya Nilaya Pillekamma Temple Street Thalgatpura Post Thalgatpura Main Road Bangalore-560 062. …Appellant (By Sri. Sandeep Katti, Advocate) AND:
1. A L Satish Kumar S/o Late Anchilingappa Aged about 43 years Proprietor M/s SPT Enterprises No.41 K H Road (Double Road) Bangalore-560 027.
2. Executive Engineer Office of Executive Engineer Bangalore South Range Bruhat Bangalore Mahanagara Palike Amrutha Nagara Konankunte Main Road Soudamini Extension Bangalore-560 062.
3. Joint Commissioner Office of Joint Commissioner Bomanahalli Zone Bruhat Bangalore Mahanagara Palike Bommanahalli Bengaluru-560 007.
4. Bruhat Bangalore Mahanagara Palike N R Square Bangalore Represented by its Commissioner-560 001. …Respondents (By Sri. C. shankar Reddy, Advocate for R2 to R4.) **** This Miscellaneous First Appeal is filed under Order 43 Rule 1(r) of CPC, against the order dated 06.07.2017 passed on I.A.Nos.2 and 3 in O.S.No.1982/2017 on the file of the XXIX Additional City Civil & Sessions Judge, Bangalore, (CCH-30) allowing I.A.No.2 filed U/O 39, Rule 1 & 2, read with Section 151 of CPC dismissing I.A.No.3 filed under Order 39 Rule 4 CPC.
This appeal coming on for Orders this day, the Court made the following:
JUDGMENT Learned counsel for the appellant has filed a memo seeking permission to dismiss the appeal as withdrawn.
In view of the memo and office note, the appeal does not survive for consideration.
Accordingly, the miscellaneous first appeal is dismissed, as the same has become infructuous.
Sd/- JUDGE SSD