Anees Ahamed Siddiqui vs Smt Arifa Sulthana
2023 Latest Caselaw 5187 Kant

                                              -1-
                                                       NC: 2023:KHC:26907
                                                         MFA No. 8367 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 2ND DAY OF AUGUST, 2023

                                            BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 8367 OF 2022 (CPC)
                   BETWEEN:

                   SRI. ANEES AHAMED SIDDIQUI
                   AGED ABOUT 36 YEARS
                   S/O SRI S MUMTAZ AHAMED SIDDIQUI
                   NO 77, 2ND PHASE, 2ND STAGE
                   EMPIRE LAYOUT, RAJIV NAGARA
                   N R MOHALLA, MYSORE 570001.
                                                                 ...APPELLANT
                   (BY SRI. L.M.CHIDANANDAYYA., ADVOCATE)

                   AND:

                   1.    SMT. ARIFA SULTHANA
                         AGED ABOUT 74 YEARS
                         W/O SRI S MUMTAZ
                         AHAMED SIDDIQUI
Digitally signed         R/AT NO 2306, 7TH CROSS
by                       BASAVESWARA ROAD
DHANALAKSHMI
MURTHY                   K R MOHALLA, MYSORE 570001.
Location: High
Court of           2.    SRI S MUMTAZ AHAMED SIDDIQUI
Karnataka                AGED ABOUT 80 YEARS
                         S/O LT SHEIK DAWOOD SIDDIQUI
                         No. 7 VISHRAM APARTMENTS
                         15/1 DAVIS ROAD, RICHARDS TOWN
                         FRAZER TOWN, NGALORE 560001
                         SINCE SUFFEREING FROM ALZHMERS
                         DISEASE AND PARKINSONISM
                         REP BYHIS DAUGHTER
                         AND CARETAKER
                         SMT HASNATH JAHAN
                                  -2-
                                        NC: 2023:KHC:26907
                                           MFA No. 8367 of 2022




      AGED 51 YEARS
      W/O AFSAR NAYAZI
      R/AT NO FALT 7, VISHRAM APRTMENTS
      NO 15/1 DAVIS ROAD
      RICHARDS TOWN, FRASER TOWN
      BANGALORE NORTH
      BANGALORE 560001.
                                                  ...RESPONDENTS
(BY SRI.H. SUNIL KUMAR., ADVOCATE FOR R1 & R2)

       THIS MFA IS FILED UNDER ORDER            43 RULE 1(r) R/W
SECTION     151    OF   CPC,    AGAINST    THE    ORDER    DATED
23.09.2020 PASSED ON I.A.NO.II IN OS.NO. 549/2020 ON THE
FILE OF THE IV ADDITIONAL SENIOR CIVIL JUDGE AND JMFC,
MYSURU, ALLOWING THE I.A.NO.II FILED UNDER ORDER 39
RULE 1 AND 2 OF CPC.

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

                             JUDGMENT

1. The learned counsel for the respondents submits that

the parties have settled the matter out of court and hence,

the appeal does not survive for consideration. Therefore,

the appeal may be dismissed as having become

infructuous.

2. The learned counsel for the appellant submits that

however liberty may be reserved to the appellant to revive

NC: 2023:KHC:26907 MFA No. 8367 of 2022

this order in case the matter is not settled between the

parties, as submitted by the learned counsel for the

respondents.

3. The submission of the learned counsel for the parties

is placed on record.

4. Accordingly, the appeal is dismissed as having

become infructuous. Liberty is reserved to the appellant to

revive this order, in case the matter is not settled between

the parties.

5. In view of dismissal of appeal, pending I.As., if any,

do not survive for consideration and accordingly, they are

dismissed.

Sd/-

JUDGE

DM