M/S D S R Constructions vs Mr Krishnappa H C
2023 Latest Caselaw 583 Kant

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                                                   MFA No. 2936 of 2012




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 9TH DAY OF JANUARY, 2023

                                     BEFORE
                  THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
              MISCELLANEOUS FIRST APPEAL NO. 2936 OF 2012 (CPC)
             BETWEEN:

             1.    M/S D S R CONSTRUCTIONS
                   A REGISTERED PARTNERSHIP FIRM HAVING ITS
                   OFFICE AT NO.220, I FLOOR, 9TH MAIN, HRBR
                   LAYOUT, I BLOCK, BANGALORE, REPRESENTED BY
                   ITS AUTHORISED SIGNATORY K.S. SATYANARAYANA
                   REDDY 560043

                                                           ...APPELLANT

             (BY SRI. S SHAKER SHETTY, ADVOCATE)
Digitally    AND:
signed by C
MALATHI      1. MR KRISHNAPPA H C
Location:       AGED ABOUT 39 YEARS, S/O CHINNABIDDAPPA,
High Court      RESIDING AT SHANTHINAGAR, HOODI VILLAGE,
of Karnataka    MAHADEVAPUR POST, BANGALORE560048

             2.    MR. RAMESH H.C
                   AGED ABOUT 31 YEARS, S/O CHINNABIDDAPPA,
                   RESIDING AT SHANTHINAGAR, HOODIVILLAGE,
                   MAHADEVAPUR POST, BANGALORE560048

             3.    MS. SHANTHAMMA
                   AGED ABOUT 33 YEARS, D/O CHINNABIDDAPPA,
                   RESIDING AT SHANTHINAGAR, HOODIVILLAGE,
                   MAHADEVAPUR POST, BANGALORE560048
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                                       MFA No. 2936 of 2012




4.   MR. NARAYANA SWAMY
     AGED ABOUT 31 YEARS, S/O CHINNABIDDAPPA,
     RESIDING AT SHANTHINAGAR, HOODIVILLAGE,
     MAHADEVAPUR POST, BANGALORE560048

5.   MR. MUNIKRISHNA
     AGED ABOUT 27 YEARS,S/O
     CHINNABIDDAPPA,RESIDING AT SHANTHINAGAR,
     HOODIVILLAGE, MAHADEVAPUR POST,
     BANGALORE-560048

6.   MS. SUMITHRA
     AGED ABOUT 24 YEARS, D/O CHINNABIDDAPPA,
     RESIDING AT SHANTHINAGAR, HOODIVILLAGE,
     MAHADEVAPUR POST,BANGALORE 560048

                                            ...RESPONDENTS

(BY SRI. G MANIVANNAN, ADVOCATE FOR C/R1 TO R6)

     MFA FILED U/ORDER 43 RULE 1(r) OF CPC, AGAINST THE
ORDER DATED 9.3.2012 PASSED ON IA IN O.S.NO.27143/2010
ON THE FILE OF XXVIII ADDITIONAL CITY CVIIL JUDGE,
BANGALORE, ALLOWING APPLICATIONS FILED U/ORDER 39
RULE 1 & 2 CPC FOR T.I. EXCEPT ITEM NO.3 SUIT PROPERTY.

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

The learned counsel for the respondents filed a

memo stating that the original suit pending before the trial

court itself has been dismissed for default on 27.10.2021

and hence, this appeal does not survive for consideration.

MFA No. 2936 of 2012

The memo dated 09.01.2023 is taken on record.

This appeal is dismissed as having become

infructuous.

Sd/-

JUDGE

CM