Sri A C Srinivas vs Sri M Ramu
2022 Latest Caselaw 7371 Kant

                               -1-



        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

            DATED THIS THE 24TH DAY OF MAY, 2022

                           BEFORE

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

       MISCELLANEOUS FIRST APPEAL NO.1010/2015 (CPC)

BETWEEN:

SRI A C SRINIVAS
S/O LATE CHINNA VENKATAIAH
AGED ABOUT 46 YEARS
R/A CHOKKANNA HALLI VILLAGE
YELAHANKA HOBLI
BANGALORE NORTH TALUK
                                          ... APPELLANT
(BY SRI. J V CHANDRA SHEKAR, ADVOCATE)



AND:

1.     SRI M RAMU
       S/O LATE MARIYAPPA
       AGED ABOUT 39 YEARS
       R/A NO.18, 3RD MAIN, 4TH CROSS
       MALLESHPALYA, NEW THIPPASANDRA
       BANGALORE-560075

2.     SRI KEMPANNA
       S/O LATE BADRAPPA
       AGED ABOUT 51 YEARS
       R/A CHOKKANA HALLI VILLAGE
       JAKKUR POST
       YELAHANKA HOBLI
       BANGALORE NORTH TALUK

3.     SRI VISHNU R MAKHIJA
       S/O RAMACHANDRA MAKHIJA
                              -2-



     AGED ABOUT 74 YEARS
     R/A NO.36, IST MAIN
     GANGENA HALLI
     GANGANAGAR LAYOUT
     BANGALORE-560032

4.   SRI K K SUNITHA
     D/O K K KEMPAIAH
     AGED ABOUT 48 YEARS
     R/A NO.733
     PATEL MUNIVENKATAPPA LAYOUT
     BANGALORE-560032

5.   SMT MUNITHAYAMMA
     D/O LATE BADRAPPA
     AGED ABOUT 74 YEARS
     R/A CHOKKANA HALLI VILLAGE
     JAKKUR POST
     YELAHANKA HOBLI
     BANGALORE NORTH TALUK
                                         ... RESPONDENTS
(NOTICE TO R2 TO R4 DISPENSED WITH)


     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED
15.10.2014 PASSED BY THE COURT OF FAST TRACK COURT-I,
BANGALORE RURAL DISTRICT, BANGALORE, PASSED ON I.A.NO.2
IN O.S.NO.204/2008 AND DISMISS I.A.NO.2 FILED BY THE 1ST
RESPONDENT UNDER ORDER 39 RULE 1 AND 2 READ WITH
SECTION 151 OF CPC.

     THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
                               -3-




                         JUDGMENT

The appellant, who is the fourth defendant in

O.S.No.204/2008 on the file of the Fast Track Court-I,

Bengaluru Rural District, Bengaluru (for short, 'the civil

Court'), has impugned the order dated 15.10.2014. The

civil Court by this order has allowed the first respondent's

application (I.A.No.2) restraining the appellant as well as

the other defendants from alienating the suit schedule

properties till the disposal of the suit. The appellant is

concerned with suit Item No.4 viz., land measuring 1 acre

in Sy.No.83/2 of Chokkana Halli Village, Yelahanka Hobli,

Bengaluru North Taluk.

It is submitted that during the pendency of this

appeal the first respondent - the plaintiff and the eighth

and ninth defendants have executed Confirmation Deed

dated 31.01.2022 declaring that they do not have any

subsisting interest in the suit schedule item No.4 property

and that they will be bound by the terms of the sale deed in

favour of the appellant. They have also filed a memo in this

regard and consequentially the civil Court has disposed of

the suit as against the appellant while continuing the suit

as against the defendant Nos.1 and 5 to 9. It becomes

obvious from the afore that the appeal is rendered

infructuous and therefore, the appeal stands disposed of

accordingly.

SD/-

JUDGE

RB