Sri R Narayana Babu vs Sri K R Sagar
2023 Latest Caselaw 5845 Kant

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                                                       NC: 2023:KHC:29753
                                                  MFA No. 7749 of 2017




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 22ND DAY OF AUGUST, 2023

                                       BEFORE
                   THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
              MISCELLANEOUS FIRST APPEAL NO. 7749 OF 2017 (CPC)
              BETWEEN:

              SRI. R NARAYANA BABU
              S/O R PRABHAKAR REDDI
              AGED ABOUT 36 YEARS
              # 89, KESAVAYANA GUNTA
              TIRUPATI.
              REPRESENTED BY HIS GPA HOLDER
              SRI. R PRABHAKAR REDDI
              S/O R NARAYANA REDDY
              AGED 65 YEARS
              #33,15TH CROSS, 7TH MAIN
              BTM 2ND STAGE, BANGALORE-560 078.
                                                             ...APPELLANT
              (BY SRI. M RAMACHANDRA REDDY., ADVOCATE)

              AND:
Digitally signed
by
DHANALAKSHMI 1.     SRI. K R SAGAR
MURTHY              S/O KODANDARAMA
Location: High      AGED 24 YEARS
Court of            C/O M RAJU
Karnataka           #16,7TH CROSS, KGS LAYOUT
                    RMV II STAGE, BANGALORE-560 094.

              2.    SRI M CHADRASHEKAR
                    S/O G MUNIYAPPA
                    AGED 35 YEARS
                    # 35/1, II CROSS
                    A.K. COLONY, FRAZER TOWN
                    BANGALORE-560 0058.
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                                        NC: 2023:KHC:29753
                                   MFA No. 7749 of 2017




3.   MRS. CHALLA SUNEETHA REDDY
     D/O YERRAGUNTA VENKATARAMANA REDDY
     AGED 36 YEARS
     #F-4, TYPE DEW NVT ORCHID GARDEN
     CHEMBENAHALLI, SARJAPURA MAIN ROAD
     BANGALORE-562125.

4.   SMT. YERRAGUNTA VENKATA SUBHASHINI
     D/O YERRAGUNTA VENKATARAMANA REDDY
     AGED 34 YEARS
     #405, BALAJI ELITE APARTMENT
     2ND SECTOR, 24TH MAIN, H.S.R. LAYOUT
     BANGALORE-560102.

5.   SMT. PARVATHAMMA
     W/O LATE H KRISHNAPPA
     AGED ABOUT 73 YEARS.

6.   K GANGAMMA
     D/O LATE H KRISHNAPPA
     AGED ABOUT 55 YEARS.

7.   SRI K RAJANNA
     S/O LATE H KRISHNAPPA
     AGED ABOUT 51 YEARS.

8.   SRI K RAVI
     S/O LATE H KRISHNAPPA
     AGED ABOUT 49 YEARS

9.   SRI K RAMESH
     S/O LATE H KRISHNAPPA
     AGED ABOUT 48 YEARS.

     R5 TO 9 ARE R/AT CHANAKYA LAYOUT
     NAGAVARA VILLAGE
     ARABIC COLLEGE POST
     BANGALORE-560 045.
                                          ...RESPONDENTS

(BY SRI. VASANTH MADHAVA S.,ADVOCATE FOR C/R4)
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                                          NC: 2023:KHC:29753
                                       MFA No. 7749 of 2017




     THE MFA FILED UNDER ORDER 43 RULE 1(r) OF THE CPC,
AGAINST THE ORDER DATED:17.07.2017 PASSED ON IA NO.7
IN O.S.NO.1054/2017 ON THE FILE OF THE 19TH ADDITIONAL
CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY, ALLOWING
IA NO.7 FILED UNDER ORDER 39 RULE 4 OF CPC.

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

1. Learned counsel for the appellant has filed a memo

dated 22.08.2023 stating that the suit filed by the plaintiff

has been disposed of and hence, the present appeal may

be dismissed as having become infructuous.

2. Memo dated 22.08.2023 is taken on record.

3. Accordingly, the appeal is dismissed as having

become infructuous.

4. In view of disposal of the main appeal, all pending

applications do not survive for consideration. Hence, the

same are also disposed of.

Sd/-

JUDGE

HA