T M Rangegowda vs M/S Vakil Housing
2022 Latest Caselaw 11666 Kant

                           1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 8TH DAY OF SEPTEMBER, 2022

                        BEFORE

     THE HON'BLE Mr. JUSTICE HEMANT CHANDANGOUDAR

              MFA No.7995 OF 2016(CPC)

BETWEEN:

T M RANGEGOWDA
S/O MOTE GOWDA,
AGED ABOUT 69 YEARS,
R/AT NO. 24, 1ST MAIN ROAD,
RANGANATHAPURAM, KAMAKSHIPALYAM,
MAGADI MAIN ROAD,
BENGALURU - 560 079.
                                         ...APPELLANT
(BY SRI. NISHANTH A.V., ADV.)

AND

1.     M/S VAKIL HOUSING
       DEVELOPMENT CORPORATION
       PRIVATE LIMITED
       NO. 78, KORAMANGALA,
       INDUSTRIAL AREA,
       JYOTHI NIVAS COLLEGE ROAD
       KORAMANGALA,
       BENGALURU - 560 095
       REPRESENTED BY ITS CHAIRMAN
       AND M.D. SRI MOHSIN ALI VAKIL.

2.     MOHAMMED ALI VAKIL
       S/O MOHSIN ALI VAKIL,
       NO. 78, KORAMANGALA INDUSTRIAL AREA,
       JYOTHI NIVAS COLLEGE ROAD,
       KORAMANGALA, BENGALURU - 560 095.
                          2


3.   DURGAPRASAD H R
     S/O LATE DR H.M.RAMAMURTHY,
     R/AT NO. 101, ITI LAYOUT,
     KATHRIGUPPE BSK III STAGE,
     BENGALURU - 560 085.

4.   THE MANAGER
     PAVAGADA SOUHARDA MULTIPURPOSE
     CO-OPERATIVE LTD., SAHAKARANAGARA BRANCH,
     OFFICE AT NO. 2729,
     1ST FLOOR, 14TH A MAIN, SHAKARANAGAR
     BENGLAURU - 560 092.

5.   THE MANAGER
     PAVAGADA SOUHARADA MULTIPURPOSE
     CO-OPERATIVE LTD., HEAD OFFICE KOLAR
     KOLAR.

6.   M/S R K BUILDERS AND DEVELOPERS
     NO. 151, GROUND FLOOR, 5TH CROSS,
     ANNAPOORNESHWARINAGAR NAGARABHAVI
     BENGALURU - 560 091
     REPRESENTED BY ITS PROPRIETOR
     SRI G RAVINDRA KUMAR
     S/O GANGAVYLAPPA
     AGED ABOUT 45 YEARS,

7.   M/S SVP INFRASTRUCTURES
     NO. 28/1, 15TH MAIN, 1ST CROSS, E-BLOCK,
     SAHAKARANAGAR, BENGALURU - 560 092
     REPRESENTED BY ITS MANAGING PARTNER
     Y. PARMESHWARA REDDY S/O SUBBI REDDY
     AGED ABOUT 36 YEARS,
                                       ...RESPONDENTS

(BY SRI. NAVEEN CHANDRASHEKAR, ADV. FOR C/R6 & R7;
    SRI P. K. SHRIKARA, ADV. FOR DUA ASSOCIATES
    FOR R1 & R2.)

     THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF
CPC, AGAISNT THE ORDER DT. 02.09.2016 PASSED ON
                            3


I.A.NO.1 IN O.S.NO.396/2016 ON THE FILE OF THE
SENIOR    CIVIL  JUDGE,   NELAMANGALA,    ALLOWING
I.A.NO.1 FILED U/O 39 RULE 1 & 2 R/W SECTION 151 OF
CPC.

    THIS MFA COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                      JUDGMENT

Learned counsel for the appellant submits that

the appellant expired on 08.04.2022.

Submission is taken on record.

The appeal is dismissed as abated.

Sd/-

JUDGE

HA/-