Sri. Ravi Uttaiah @ M.S. Uttaiah vs Smt. Yashodha
2023 Latest Caselaw 4576 Kant

                                              -1-
                                                     NC: 2023:KHC:24819
                                                       MFA No. 5629 of 2016




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 17TH DAY OF JULY, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   MISCELLANEOUS FIRST APPEAL NO. 5629 OF 2016 (CPC)

                   BETWEEN:

                   1.    SRI RAVI UTTAIAH
                         @ M.S.UTTAIAH,
                         S/O M.K. SUBBAIAH,
                         AGED ABOUT 42 YEARS
                         NORTH WIND BAR & RESTAURANT
                         NO.31/4, GAGANA COMPLEX,
                         1ST MAIN ROAD, SHESHADRIPURAM,
                         BANGALORE-560 020.
                                                            ...APPELLANT

                           (BY SRI. G. BALAKRISHNA SHASTRY, ADVOCATE)
                   AND:

                   1.     SMT. YASHODHA
                          D/O LATE NARASIMHAIAH,
Digitally signed          AGED ABOUT 68 YEARS
by SHARANYA T
Location: HIGH
COURT OF           2.     SRI N. NARAYANA
KARNATAKA
                          S/O LATE NARASIMAHAIAH,
                          SINCE DEAD BY LRS.

                   2(a) SMT. N.ASHA D/O LATE NARAYANA
                        AGED ABOUT 37 YEARS
                        R/AT NO.1, 22ND CROSS
                        KILARI ROAD
                        B.V.K.IYENGAR ROAD CORSS
                        BENGALURU-560 053

                   2(b) AMAR N., S/O LATE NARAYANA
                        AGED ABOUT 32 YEARS
                              -2-
                                    NC: 2023:KHC:24819
                                      MFA No. 5629 of 2016




      R/AT NO.9/2, 4TH MAIN ROAD
      PALACE GUTTAHALLI
      BENGALURU-560 003.

                                             ...RESPONDENTS

   (BY SRI. G.S. VENKAT SUBBARAO, ADVOCATE FOR C/R1
                      AND R2(a & b)

     THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED 11.07.2016 PASSED ON I.A. NO.3
IN O.S.NO.8275/2014 ON THE FILE OF THE XXXIX ADDITIONAL
CITY CIVIL AND JUDGE, BENGALURU CITY, DISMISSING I.A.
NO.3 FILED UNDER ORDER 39 RULE 4 OF CPC.

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

                         JUDGMENT

Counsel for the appellant would submit that suit is dismissed and consequently appeal has become infructuous.

Hence, this appeal is dismissed as infructuous.

Sd/-

JUDGE

AP