M. R. Krishnappa vs Sri.A J Jassawala
2022 Latest Caselaw 9634 Kant

                            -1-



       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 24TH DAY OF JUNE, 2022

                          BEFORE

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

       MISCELLANEOUS FIRST APPEAL NO.1375/2018 (CPC)

BETWEEN:
M. R. KRISHNAPPA
S/O LATE RAMEGOWDA,
AGED ABOUT 58 YEARS
R/AT NO.88/6,
3RD CROSS,CHELKERE
KALYAN NAGAR,
BANGALORE - 560 043.
                                         ... APPELLANT

(BY SRI. VINOD PRASAD, SRI. MANJUNATHA M.K AND
   SRI. SHIDARAYA M. KENDULI, ADVOCATES (ABSENT))

AND:

1.     SRI.A J JASSAWALA
       S/O MR. JAL B JASSAWALA
       AGED ABOUT 55 YEARS
       R/AT NO.579,6TH CROSS,
       HAL 3RD STAGE,
       OPP.MERINDA ENGLISH SCHOOL,
       BANGALORE - 560 075.

2.     SRI B C NANJUNDA SETTY
       S/O LATE B S CHANDRAIAH SETTY
       R/AT NO.6,KRISHNA COLONY
       GANGAMMA TEMPLE STREET,
       MAHADEVAPURA,
       BANGALORE - 560 048.
                           -2-



3.   SRI GABRIEL
     SINCE DECEASED
     S/O LATE CHINNAPPA @ AROGYAPPA
     AGED ABOUT 60 YEARS
     R/AT THAMBUCHETTY PALYA
     RAMAMURTHY NAGAR POST,
     K R PURAM HOBLI,
     BANGALORE EAST TALUK.

                                       ... RESPONDENTS

(BY SRI. VIJAYA KUMAR V, ADVOCATE FOR R1)


     THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE
ORDER DATED 16.11.2017 PASSED ON I.A. NO.1 IN
O.S.NO. 928/2016 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT,
BENGALURU RURAL, ALLOWING I.A. NO.1 FILED UNDER
ORDER 39 RULE 1 & 2 OF CPC.

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

                      JUDGMENT

It is seen from the details available on the website

that the suit in O.S. No.928/2016 on the file of the III

Additional Senior Civil Judge, Bengaluru Rural District,

Bengaluru Rural, is disposed of as withdrawn by Order

dated 08.02.2020.

None appeared for the appellant on the previous

hearing date and none appears even today. It is obvious

that the appeal is rendered infructuous, and therefore,

the appeal is dismissed as having become infructuous.

SD/-

JUDGE

AN/-