Sri. Anees Ahamed Siddiqui vs Smt Arifa Sulthana
2023 Latest Caselaw 5188 Kant

                                             -1-
                                                    NC: 2023:KHC:26902
                                                      MFA No. 8365 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. 8365 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 74 YEARS
                      W/O SRI S MUMTAZ AHAMED SIDDIQUI
                      R/AT NO 2306, 7TH CROSS
Digitally signed      BASAVESWARA ROAD, K R MOHALLA
by
DHANALAKSHMI          MYSORE 570001.
MURTHY
Location: High     2.    SRI S MUMTAZ AHAMED SIDDIQUI
Court of                 AGED ABOUT 80 YEARS
Karnataka                S/O LT SHEIK DAWOOD SIDDIQUI
                         No. 7 VOSJRA, APARTMENTS
                         15/1 DAVIS ROAD, RICHARDS TOWN
                         FRAZER TOWN, BANGALORE 560001
                         SINCE SUFFEREING FROM
                         ALZHMERS DISEASE AND
                         PARKINSONISM REP BY HIS
                         DAUGHTER AND CARETAKER
                         SMT HASNATH JAHAN
                         AGED 51 YEARS R/AT NO FALT 7
                         VISHRAM APRTMENTS
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                                      NC: 2023:KHC:26902
                                        MFA No. 8365 of 2022




      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) OF CPC,
AGAINST THE ORDER DT.02.01.2021 PASSED ON IA NO.3 IN
O.S.NO.549/2020 ON THE FILE OF THE IV ADDITIONAL
SENIOR CIVIL JUDGE AND JMFC, MYSURU, PARTLY ALLOWING
IA NO.3 FILED U/O.39 RULES 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

this order in case the matter is not settled between the

parties, as submitted by the learned counsel for the

respondents.

NC: 2023:KHC:26902 MFA No. 8365 of 2022

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