IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL NO.5823 OF 2017 (CPC) BETWEEN:
Mr. V. Tulasi Prakash Aged about 48 years S/o Late V. Venkatesh Old No.3, New No.102 3rd Floor, 1st Cross Ganganagar Bangalore-560 032. …Appellant (By Sri. B.S. Nagaraj, Advocate) AND:
Mr. N. Elumalai Aged about 68 years S/o Late V. Nateshan No.8, 9th ‘A’ Cross Nagenahalli Main Road Kanakanagar Bangalore-560 032. …Respondent (By Sri. Zameer Pasha, Advocate) **** This Miscellaneous First Appeal is filed under Order XLIII Rule 1(r) of CPC, against the order dated 24.6.2017 passed on IA No.1 in O.S No.8102/2016 on the file of the III Additional City Civil and Sessions Judge, Bengaluru, I.A.No.1 is allowing.
This appeal coming on for Admission this day, the Court made the following:
JUDGMENT Learned counsel for the appellant has filed a memo stating that O.S.No.8102/2016 on the file of the III Additional City Civil Judge, Bengaluru was settled by compromise. As such, Miscellaneous First Appeal does not survive for consideration.
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