Smt Dakshayanamma vs Sri B Padmanabha
2023 Latest Caselaw 9356 Kant

Karnataka High Court

Smt Dakshayanamma vs Sri B Padmanabha on 5 December, 2023

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                             -1-
                                                           NC: 2023:KHC:43912
                                                      MFA No. 5706 of 2017




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 5TH DAY OF DECEMBER, 2023

                                          BEFORE
                      THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 5706 OF 2017 (CPC)
                   BETWEEN:

                   SMT DAKSHAYANAMMA
                   W/O LATE BORE GOWDA
                   AGED ABOUT 77 YEARS
                   R/AT NO.57, 3RD CROSS
                   VIDYARANYANAGAR, MAGADI ROAD
                   BANGALORE-560023
                                                                 ...APPELLANT
                   (BY SRI. MURALI M.,ADVOCATE [ABSENT])

                   AND:

                   SRI B PADMANABHA
                   S/O LATE BORE GOWDA
                   AGED ABOUT 46 YEARS
                   R/AT FIRST FLOOR
Digitally signed   PORTION AT NO.57, 3RD CROSS
by
DHANALAKSHMI       VIDYARANYANAGAR, MAGADI ROAD
MURTHY             BANGALORE-560023.
Location: High
Court of                                                       ...RESPONDENT
Karnataka
                   (NOTICE TO RESPONDENT IS SERVED
                   BUT UNREPRESENTED)
                        THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
                   1908 AGAINST THE ORDER DATED 20.06.2017 PASSED ON I.A.
                   NO.I IN O.S.NO. 3926/2017 ON THE FILE OF THE PRINCIPAL
                   CITY CIVIL AND SESSIONS JUDGE, BENGALURU, ISSUING
                   SUIT SUMMONS AND NOTICE ON I.A.I TO THE DEFENDANT,
                   RETURNABLE BY 08.08.2017.

                        THIS APPEAL, COMING ON FOR ADMISSION THIS DAY,
                   THE COURT DELIVERED THE FOLLOWING:
                             -2-
                                         NC: 2023:KHC:43912
                                      MFA No. 5706 of 2017




                         JUDGMENT

As per the trial court records, the suit itself has

been disposed of on 23.09.2022, hence the appeal does

not survive for consideration.

2. Accordingly, appeal is dismissed as having become

infructuous.

3. All pending applications stand disposed of.

Sd/-

JUDGE

CM