Sri S S Srinivasamurthy vs Sri Narayanamurthy
2023 Latest Caselaw 765 Kant

                                               -1-
                                                          MFA No. 3449 of 2012




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 11TH DAY OF JANUARY, 2023

                                             BEFORE

                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD

                   MISCELLANEOUS FIRST APPEAL NO. 3449 OF 2012 (CPC)

                   BETWEEN:
                    SRI S S SRINIVASAMURTHY
                    S/O LATE B S SATHYANARAYANA
                    AGED ABOUT 60 YEARS
                    R/AT NO.90/3, 1ST FLOOR, 1ST A CROSS
                    7TH MAIN, 2ND BLOCK, JAYANAGAR
                    BANGALORE-560011.

                                                                  ...APPELLANT
                   (BY SRI. K SHRIDHARA, ADVOCATE)
Digitally signed
by                 AND:
DHANALAKSHMI
MURTHY             1.    SRI NARAYANAMURTHY
Location: High           S/O LATE B. SUBBAIAH SETTY,
Court of
Karnataka                ABOUT 65 YEARS
                         R/AT NO.70, 4THCROSS
                         SRINIVASANAGAR
                         BANGALORE-560050.

                   2.    SMT S S MANIKAMMA
                         W/O LATE B S SATHYANARAYANA
                         AGED ABOUT 80 YEARS
                         R/AT NO.1158, 1ST CROSS
                         1ST FLOOR, OPP. SYNDICATE BANK
                         ASHOKNAGAR, MANDYA.

                   3.    SRI RAMESH BABU
                         S/O LATE B S SATHYANARAYANA
                         AGED ABOUT 54 YEARS
                            -2-
                                       MFA No. 3449 of 2012




    R/AT NO.1158, 1ST CROSS
    1ST FLOOR, OPP. SYNICATE BANK
    ASHOKNAGAR, MANDYA.

                                            ...RESPONDENTS
(BY SRI. V. B. SHIVAKUMAR., ADVOCATE FOR R2 & R3)
     MFA FILED U/S 43, RULE 1(C), R/W SEC 104 OF CPC,
AGAINST    THE   ORDER     DATED:1.3.2012     PASSED    IN
MISC.NO.886/2005 ON THE FILE OF V ADDITIONAL CITY CIVIL
JUDGE, BANGALORE, DISMISSING THE PETITION FILED UNDER
ORDER 9, RULE 4, R/W SEC-151 OF CPC.

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

                      JUDGMENT

Learned counsel for the appellant submits that this

Court has dismissed the appeal on maintainability on

21.02.2014. Thereafter, he has filed I.A.Nos.1/2019 and

2/2019 for recalling the order dated 21.02.2014. Since,

the appellant's counsel was absent and the process fee

was not paid for issuance of notice to respondents, the

said applications were dismissed on 20.08.2019.

Thereafter, I.A.No.3/2019 was filed for recalling the

order dated 20.08.2019. On payment of process fee, this

MFA No. 3449 of 2012

Court has allowed I.A.No.3/2019 and recalled the order

dated 20.08.2019 and notice was ordered on

I.A.Nos.1/2019 and 2/2019 on 18.09.2019.

The learned counsel appearing for the appellant

submits that since the appellant intends to withdraw this

appeal, the applications for recalling the order dated

21.02.2014 may be allowed and appeal may be restored.

Submissions of the learned counsel for the appellant

is placed on record.

I.A.Nos.1/2019 and 2/2019 are allowed. The order

dated 21.02.2014 is recalled. The appeal is restored.

The learned counsel for the appellant has filed a

memo dated 15.12.2022 seeking leave of this Court to

withdraw this appeal.

Memo is taken on record.

MFA No. 3449 of 2012

Accordingly, the appeal is dismissed as

withdrawn.

Sd/-

JUDGE

HA