M/S Devagiri Builders And ... vs Smt Shantha Iyer
2022 Latest Caselaw 3252 Kant

Citation : 2022 Latest Caselaw 3252 Kant
Judgement Date : 24 February, 2022

Karnataka High Court

M/S Devagiri Builders And ... vs Smt Shantha Iyer on 24 February, 2022

Bench: Ashok S.Kinagi

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 24TH DAY OF FEBRUARY 2022

                           BEFORE

        THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

             M. F. A. NO.4043 OF 2020 (CPC)

BETWEEN:

M/S. DEVAGIRI BUILDERS AND PROMOTERS PVT. LTD.
REPRESENTED BY ITS CHAIRMAN AND
MANAGING DIRECTOR,
NO.49, 11TH MAIN, 34TH CROSS,
JAYANAGAR 4TH T BLOCK,
BENGALURU-560041.
                                            ...APPELLANT

(BY SRI. S.M. JOSEPH, ADVOCATE FOR
    SRI. PRINCE ISAC, ADVOCATE)

AND:

1.   SMT. SHANTHA IYER
     W/O LATE C V R IYER
     AGED ABOUT 79 YEARS
     RESIDING AT NO.E99/102, HULLUMANE
     5TH CROSS, TEACHERS COLONY,
     BANASHANKARI 2ND STAGE,
     KADIRENAHALLI CROSS,
     BENGALURU-560070.

2.   C M FIAZ MOHAMMED
     S/O C M IBRAHIM
     R/AT NO.81,
     BENDSON CROSS ROAD,
                               2



     BENSON TOWN,
     BENGALURU-560046.

3.   MRS. P R MARY JAYASHREE
     W/O LATE ANTHONY SWAMY
     R/AT PINTO VILLA, NEAR VELENTIA PARK,
     KANAKANADY POST, KANKANADY
     MANGALORE-575 002.
                                             ...RESPONDENTS

(BY SRI. RAJENDRA M.S., ADVOCATE FOR R-1
    VIDE ORDER DATED 03.2.2022 NOTICE TO R-2 AND R-3
    IS DISPENSED WITH)

     THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED 28.07.2020 PASSED ON IA.NO.26,
IN O.S. NO.2329/2019 ON THE FILE OF THE XIV ADDITIONAL
CITY CIVIL JUDGE, BENGALURU (CCH NO. 28), ALLOWING THE
IA.NO.26 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC.


     THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT
DELIVERED THE FOLLOWING:


                         JUDGMENT

Learned counsel for the appellant submits that the suit

came to be abated on 18.10.2020. In view of the same, this

appeal is also abates.

2. His submission is placed on record.

3. Accordingly, appeal is abated, however if

abetment is set aside by the trial Court liberty is reserved to

the appellant to get review of this order.

SD/-

JUDGE

GRD