M/S Mahesh Enterprises vs Smt Parvathamma
2022 Latest Caselaw 10352 Kant

                            -1-



       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 05TH DAY OF JULY, 2022

                          BEFORE

         THE HON'BLE MR.JUSTICE B.M.SHYAM PRASAD

       MISCELLANEOUS FIRST APPEAL NO.839/2015 (CPC)

BETWEEN:

M/S MAHESH ENTERPRISES
#114, 4TH MAIN ROAD,
APMC YARD, YESHWANTHPURA,
BANGALORE - 560 001
REPRESENTED BY ITS PARTNER
K T INDUDHARA
SON OF K B THAMMANA GOWDA
                                         ... APPELLANT
(BY SRI. ABHINAY Y.T, ADVOCATE)

AND:

1.     SMT. PARVATHAMMA
       AGED ABOUT 69 YEARS
       WIFE OF LATE S. CHANDRAIAH,

2.     S C SHIVASHANKAR
       AGED ABOUT 49 YEARS,
       SON OF LATE CHANDRAIAH,

       RESPONDENTS 1 AND 2 ARE
       RESIDING AT #241,
       ESHWARI NILAYA, 1ST MAIN RAOD,
       SHANKARNAGAR,
       MAHALAKSHMI LAYOUT,
       BANGALORE - 560 096.

3.     S A GOVINDA RAJU
       AGED 73 YEARS,
                            -2-



     SON OF ANJANEYA GOWDA
     RESIDING AT SALIGRAMA VILLAGE,
     KR NAGARA TALUK,
     MYSORE DISTRICT- 571 617.

4.   SMT S G ANNAPURNA
     AGED ABOUT 45 YEARS,
     WIFE OF LATE P MAHESH
     AND RESIDING AT
     RIVER BANK ROAD,
     HOLENARASIPURA,
     HASSAN DISTRICT - 573 211.
                                        ... RESPONDENTS

(BY SRI.K. CHANDRA MOHAN, ADVOCATE FOR
    C/R1 AND R2)

     THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE
ORDER DATED 12.01.2015 PASSED ON I.A.NOs.2 & 4 IN
O.S.NO.3205/2012 ON THE FILE OF THE XXIV
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BANGALORE, DISMISSING I.A.NO.2 FILED U/O 39 RULE 1
& 2 OF CPC, AND ALLOWING I.A.NO.4 FILED U/O 39 RULE
4 OF CPC.

    THIS MISCELLANEOUS FIRST APPEAL COMING ON
FOR ORDERS THIS DAY, THE COURT DELIVERED THE
FOLLOWING:

                       JUDGMENT

It is seen from the details that are available on the

official website that the suit in O.S. No.3205/2022 on

the file of the XXIV Additional City Civil and Sessions

Judge, Bengaluru, is disposed of on 15.04.2015. If the

suit is disposed of, the appeal would not survive for

consideration, and therefore, the appeal stands

dismissed accordingly.

SD/-

JUDGE

AN/-