Nanjundeswara vs B M Yogesh
2023 Latest Caselaw 5815 Kant

                                          -1-
                                                     NC: 2023:KHC:29582
                                                   MFA No. 2783 of 2017




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 21ST DAY OF AUGUST, 2023

                                        BEFORE
                   THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
              MISCELLANEOUS FIRST APPEAL NO. 2783 OF 2017 (CPC)
              BETWEEN:

              NANJUNDESWARA,
              S/O LATE POTHAPPA,
              AGED ABOUT 56 YEARS,
              R/AT NO.94, IST MAIN, 9TH CROSS,
              YAMALUR VILLAGE AND POST,
              VARTHUR HOBLI, BENGALURU-37
                                                           ...APPELLANT
              (BY SRI SRINIVASA K, ADVOCATE)
              AND:

              1.    B M YOGESH,
                    S/O B K MARI SHETTY,
                    AGED ABOUT 52 YEARS,
                    R/AT NO.25/32, 2ND FLOOR,
                    8TH MAIN, PALACE GUTTAHALLI,
Digitally signed    BENGALURU - 20.
by
DHANALAKSHMI 2.     SURESH,
MURTHY              S/O LATE SIDDE GOWDA,
Location: High      AGED ABOUT 55 YEARS,
Court of
Karnataka           R/AT NO.8/41, 16TH MAIN,
                    14TH CROSS, PADMANABHANAGAR,
                    BENGALURU - 70.
                                                       ...RESPONDENTS
              (BY SRI. KRISHNOJI RAO N, ADVOCATE FOR C/R2)
                   THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
              AGAINST THE ORDER DATED 18.02.2017 PASSED ON I.A. IN
              O.S.NO. 9540/2015 ON THE FILE OF THE XLI ADDITIONAL CITY
              CIVIL JUDGE, BENGALURU (CCH NO.42), REJECTING I.A. FILED
              UNDER ORDER 39 RULE 1 & 2 READ WITH SECTION 151 OF
              CPC.
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                                            NC: 2023:KHC:29582
                                         MFA No. 2783 of 2017




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

Learned counsel for the appellant has filed a memo

dated 21.08.2023 stating that the original suit has been settled

between the parties. Hence, seeks for dismissal of the appeal

as not pressed.

2. Memo dated 21.08.2023 is taken on record.

3. Appeal is dismissed as not pressed. All pending

applications are disposed of.

Sd/-

JUDGE

BRN