Prathap Ghoprade vs Indrajeet D Ghjorpade
2022 Latest Caselaw 9947 Kant

                               -1-



        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

            DATED THIS THE 29TH DAY OF JUNE, 2022


                           BEFORE

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

       MISCELLANEOUS FIRST APPEAL NO.5122/2021 (CPC)

BETWEEN:

PRATHAP GHOPRADE
S/O LATE SRI DATTARAJ RAO GHORPADE
AGED ABOUT 69 YEARS
RESIDING AT NO.332, 7TH A MAIN,
4TH BLOCK, KORMANGALA
BENGALURU-560034.
                                             ... APPELLANT
(BY SRI. AJAY J N, ADVOCATE)

AND:

1.     INDRAJEET D GHJORPADE
       S/O LATE OF SRI DATTARAJ RAI GHORPADE
       AGED ABOUT 62 YEARS
       RESIDING AT NO.314, 7TH B MAIN 4TH BLOCK,
       KORMANGALA, BENGALURU-560034.

2.     SHAILENDRA D GHORPADE
       SON OF LATE SRI DATTARAJ RAO GHORPADE
       AGED ABOUT 61 YEARS
       RESIDING AT NO.11, MULFORD LANE
       MONTCLARE, NEW JERSEY-07042
       U.S.A
                          -2-



3.   SMT. CHANDRAVATI GHORPADE
     WIFE OF LATE DATTARAJ RAO GHORPADE
     AGED ABOUT 87 YEARS
     RESIDING AT TARA NIVAS,
     HAGEDAL POST, YELBURGA TALUK
     KOPPAL DISTRICT

4.   SMT. LALITADEVI R PATANKAR
     WIFE OF R.A. PATANKAR
     DAUGHTER OF LATE DATTARAJ RAO GHORPADE
     RESIDING AT NO.204, E-WARD,
     NEW SHAHUPURI,
     ST. ROAD KOLHAPUR-416001.

5.   MIDDLETON DEVELOPERS LIMITED
     A COMPANY HAVING ITS REGISTERED OFFICE AT
     NO.10, MIDDLETON ROW,
     BLOCK A, KOLKATA-700071
     REPRESENTED BY ITS AUTHORIZED SIGNATORY
     SRI SAMBHAW JAIN,
     AGED ABOUT 43 YEARS
     SON OF LATE N.C.JAIN
     RESIDING AT NO.36, RIDGE ROAD,
     7TH FLOOR, MALBAR HILLS
     MUMBAI-400006

6.   M/S METROCORP
     A REGISTERED PARTNERSHIP FIRM HAVING ITS
     OFFICE AT NO.76, LEVEL-II
     BRIGADE ROAD, ASHOKNAGAR
     BENGALURU-560025
     REPRESENTED BY ITS PARTNER
     MR. P.VELUSWAMY
     SON OF LATE PALANISWAMY
     AGED ABOUT 49 YEARS
     RESIDING AT NO.4/21,
     5TH CROSS, GANESHA BLOCK,
     R.T.NAGAR, BEGNALURU-560032.
                                -3-



7.     M/S VDB INFRA AND REALITY PVT. LTD
       A COMPANY INCORPORATED UNDER
       THE COMAPNIES ACT, 1956
       WITH ITS REGISTERED OFFICE AT 842/A,
       100 FT. ROAD, INDIRANAGAR
       BENGALURU-560038
       REPRESENTED BY ITS AUTHORISED SIGNATORY
       MR. M. AVHINAV REDDY

8.     ANAND PRAMODH
       SON OF MR. ANAND RAO P
       AGED ABOUT 35 YEARS
       RESIDING AT NO.E-3,
       VINAYAKA RESIDENY 5TH BLOCK,
       R.T.NAGAR, BENGALURU-560032.

9.     PRADEEP R.A
       SON OF MR. R.AMBIKAPATHY
       AGED ABOUT 35 YEARS,
       RESIDING AT 3/8, 2ND CROSS,
       GANESHA BLOCK, R.T.NAGAR,
       BENGALURU-560032.

10 .   P.VELUSWAMY
       SON OF LATE PALANISWAMY
       AGED ABOUT 49 YEARS
       RESIDING AT NO.4/21, 5TH CROSS,
       GANESHA BLOCK, R.T.NAGAR,
       BENGALURU-560032.

                                     ... RESPONDENTS
      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED
24.01.2020 PASSED ON I.A. NOs .12 AND 14 IN O.S.NO. 1344/2018
ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE,
BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING THE I.A.
NO.12 FILED UNDER ORDER 39 RULE 4 OF CPC AND DISPOSED OF
I.A.NO.   14   FILED   UNDER      SECTION    151    OF   CPC.
                                  -4-




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

                           JUDGMENT

Perused the memo for withdrawal and in continuation of

the terms of this memo, the learned counsel for the appellant

submits that consequent to settlement, the suit in

O.S.No.1344/2018 is disposed of and with such disposal, this

appeal is also rendered infructuous.

For the foregoing, the appeal stands dismissed as having

become infructuous.

SD/-

JUDGE

RB