Sri R N Srinivas vs Smt Yashodha
2022 Latest Caselaw 8975 Kant

                            -1-



        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 16TH DAY OF JUNE, 2022
                          BEFORE

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

         MISCELLANEOUS FIRST APPEAL NO.1288/2019

                           C/W

       MISCELLANEOUS FIRST APPEAL NO.1280/2019 (CPC)


BETWEEN:
SRI R. N. SRINIVAS
S/O SRI.RAMACHANDRA
VENKATARAMANA SHET,
AGED ABOUT 68 YEARS
R/AT NO.113, PADMASHREE NIVAS,
2ND CROSS, 7TH MAIN ROAD,
BHUVANESHWARI NAGAR,
HESARAGHATTA ROAD,
T.DASARAHALLI, BENGALURU -560 057.
                                           ... APPELLANT
                                             (COMMON)
(BY SRI. NAGENDRA KUMAR K, ADVOCATE)

AND:

1.     SMT YASHODHA
       W/O SRI.K.N.YOGA NARASIMHAIAH,
       AGED ABOUT 32 YEARS
       R/AT NO.38, MALLASANDRA,
       PIPELINE ROAD, T.DASARAHALLI,
       BENGLAURU-560 057.
2.     SRI.MANJEGOWDA
       FATHER NAME NOT KNOWN
       AGE MAJOR,
       R/AT NO.95, 3RD CROSS,
                            -2-



     LAXMINAGAR, BASAVESHWAR NAGAR,
     BEHIND VENKATESHWARA TEMPLE,
     BENGALURU-560 079.
                                      ... RESPONDENTS
                                            (COMMON)
(BY SRI.K. RAGHAVENDRA, ADVOCATE FOR C/R2)

      MISCELLANEOUS FIRST APPEAL NO.1288/2019 IS FILED
UNDER ORDER 43 RULE (1) (r) OF CPC, 1908 AGAINST THE
ORDER DATED 14.11.2018 PASSED ON I.A.NOS 1 & 2 IN OS.
NO. 25927/2018 ON THE FILE OF THE LXXII ADDITIONAL CITY
CIVIL & SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU,
[CCH-73], REJECTING THE I.A.NO.I FILED BY THE PLAINTIFF
UNDER ORDER 39 RULE 1 & 2 R/W SECTION 151 OF CPC,
ALLOWING THE I.A.NO.II FILED UNDER ORDER 39 RULE 4 R/W
SECTION 151 OF CPC.

      MISCELLANEOUS FIRST APPEAL NO.1280/2019 IS FILED
UNDER ORDER 43 RULE (1) (r) OF CPC, 1908 PRAYING TO SET
ASIDE THE IMPUGNED ORDER DATED 14.11.2018 IN I.A.NO.01
IN O.S. NO. 25927/2018 ON THE FILE OF LXXII ADDITIONAL
CITY CIVIL AND SESSION JUDGE, MAYOHALL CCH-73 AT
BENGALURU AND GRANT TEMPORARY INJUNCTION AS PRAYED
FOR IN I.A NO.01, IS PENDING DISPOSAL OF SUIT IN O.S. NO.
25927/2018.

     THESE MISCELLANEOUS FIRST APPEALS COMING ON
FOR ADMISSION THIS DAY, THE COURT DELIVERED THE
FOLLOWING:


                        JUDGMENT

The learned counsel for the appellant in these

appeals seeks leave to place on record the memos for

dismissal of the appeal. The learned counsel also

submits that these memos are filed because the suit in

O.S.No.25927/2018 is dismissed for default.

In the light of the aforesaid submission and

memos filed, the appeal stands dismissed as withdrawn.

In view of dismissal of the appeal, pending

applications - IA Nos.1 and of 2019 do not survive for

consideration and the same are disposed of

accordingly.

Sd/-

JUDGE

SA Ct:sr