Sri. V. Kenchegowda vs Eramma
2023 Latest Caselaw 5244 Kant

                                         -1-
                                                 NC: 2023:KHC:27196
                                                   MFA No. 6324 of 2016




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 3RD DAY OF AUGUST, 2023

                                       BEFORE
                  THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                  MISCELLANEOUS FIRST APPEAL NO. 6324 OF 2016
                                        (CPC)
                 BETWEEN:

                 1.   SRI. V. KENCHEGOWDA
                      S/O LATE K VENKATESHAPPA
                      AGED ABOUT 44 YEARS

                 2.   SRI K V KRISHNAMURTHY
                      S/O LATE K VENKATESHAPPA
                      AGED ABOUT 42 YEARS

                 3.   VENKATAMMA @ LAKSHMAMMA
                      D/O LATE K VENKATESHAPPA
                      W/O RAMASWAMY
Digitally signed      AGED ABOUT 55 YEARS.
by
DHANALAKSHMI
MURTHY           4.   AMARAVATHI
Location: High        D/O LATE K VENKATESHAPPA
Court of              W/O NARAYANAPPA
Karnataka             AGED ABOUT 55 YEARS

                      ALL ARE R/O MANGASANDRA VILLAGE
                      VOKKALERI HOBLI
                      KOLAR TALUK-560036.


                                                         ...APPELLANTS
                 (BY SRI. G D ASWATHANARAYANA.,ADVOCATE)
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                                NC: 2023:KHC:27196
                                  MFA No. 6324 of 2016




AND:

1.   ERAMMA
     W/O LATE K RAMAPPA
     AGED ABOUT 69 YEARS
     R/O MANGASANDRA VILLAGE
     VOKKALERIHOBLI
     KOLAR TALUK-560036.

2.   M V NARAYANASWAMY
     S/O LATE VENKATESHAPPA
     AGED ABOUT 49 YEARS
     R/O MANGASANDRA VILLAGE
     VOKKALERIHOBLI
     KOLAR TALUK-560036.


                                       ...RESPONDENTS
(BY SRI.V VINOD REDDYK, ADVOCATE FOR R1:
SRI. VIJAY KUMAR L., ADVOCATE FOR R2)


     THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF
CPC, AGAINST THE ORDER DATED:04.07.2016 PASSED
ON I.A.NO.1 IN O.S.NO.255/2015 ON THE FILE OF THE I
ADDITIONAL   SENIOR   CIVIL   JUDGE,   KOLAR,   PARTLY
ALLOWING I.A.NO.1 FILED U/O 39 RULE 1 & 2 OF CPC.

     THIS APPEAL, COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
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                                    NC: 2023:KHC:27196
                                      MFA No. 6324 of 2016




                         JUDGMENT

1. The learned counsel for the appellants submits that

O.S.No.255/2015 on the file of the I Additional Senior Civil

Judge, Kolar itself has been disposed of and hence, the

appeal does not survive for consideration. Therefore, the

appeal may be dismissed as having become infructuous.

2. The submission of the learned counsel for the

appellants is placed on record.

3. Accordingly, the appeal is dismissed as having

become infructuous.

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

do not survive for consideration and accordingly, they are

dismissed.

Sd/-

JUDGE

DM