Sri K G Eshwaranaik vs Sri M Nagaraj
2023 Latest Caselaw 265 Kant

                                                -1-
                                                          MFA No. 867 of 2019




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 4TH DAY OF JANUARY, 2023

                                             BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 867 OF 2019 (CPC)
                   BETWEEN:

                   SRI K G ESHWARANAIK
                   S/O GOMA NAIK,
                   R/AT A-5,1ST CROSS,
                   5TH BLOCK,VISVESHWARAIAHLAYOUT,
                   POST-OFFICE ROAD,
                   ULLALU,WARD NO.130,
                   BENGALURU-560 056.
                                                                  ...APPELLANT
                   (BY SRI. RAJASHEKHAR K.,ADVOCATE)


Digitally signed
                   AND:
by
DHANALAKSHMI       1.    SRI M NAGARAJ
MURTHY
Location: High
                         S/O C MARIYAPPA,
Court of                 AGED ABOUT 56 YEARS.
Karnataka
                   2.    SMT A B USHA
                         W/O M NAGARAJ
                         AGED ABOUT 48 YEARS
                         R/AT NO.90,4TH MAIN, NETHRAVATHI BEEDI
                         NEAR MANGALORE PU COLLEGE,
                         BENGALURU-560 056

                         (ALSO AVAILABLE AT NO.16 & 17,
                         (SITE NO.16 & 17),ULLALU,
                         VISVESHWARAIAH LAYOUT,
                         SY.NO.21/1,6TH BLOCK,
                         BENGALURU-560 056
                              -2-
                                      MFA No. 867 of 2019




3.   THE COMMISSIONER
     CORPORATION OF THE CITY OF
     BENGALURU (BCC) BBMP,
     BENGALURU - 560 001.

                                        ...RESPONDENTS
(BY SRI. HARISH KUMAR.,ADVOCATE FOR R-1 & R-2
     SRI. PAWAN KUMAR., ADVOCATE FOR
     SRI. H. DEVENDRAPPA., ADVOCATE FOR R-3)

     THIS MFA FILED UNDER ORDER 43 RULE 1 (r) OF CPC,
AGAINST THE ORDER DATED 14.01.2019 PASSED ON I.A. IN
OS.NO.26126/2018 ON THE FILE OF THE LXXIII ADDITIONAL
CITY CIVIL & SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU
[CCH-74], WHEREIN, I.A. FILED BY THE PLAINTIFF U/O 39
RULE 1 & 2 R/W SECTION 151 OF CPC, IS DISMISSED AND
CONSEQUENTLY THE EXPARTE ORDER PASSED BY THEIR
COURT ON 24.09.2018 IS THEREBY VACATED.

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

                        JUDGMENT

Learned counsel for respondent No.3 submits that by

order dated 25.05.2022, the plaint has been returned to

the plaintiff. Hence, he submits that the appeal does not

survive for consideration.

Submission of the learned counsel for respondent

No.3 is taken on record.

MFA No. 867 of 2019

In view of the above, the appeal is disposed of as

having become infructuous.

Sd/-

JUDGE

HA