Sri.Shivaraj S/O Late G. Nagappa vs Sri.B.Parameswara S/O Late G. ...
2023 Latest Caselaw 5074 Kant

                                                  -1-
                                                         NC: 2023:KHC-D:7957
                                                          MFA No. 102712 of 2019




                           IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                DATED THIS THE 31ST DAY OF JULY, 2023

                                                BEFORE
                           THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                      MISCELLANEOUS FIRST APPEAL NO. 102712 OF 2019 (CPC)
                      BETWEEN:

                            SRI. SHIVARAJ S/O LATE G. NAGAPPA
                            AGE: 51 YEARS, OCC: BUSINESS,
                            R/O: DEVI COMPLEX, 2ND CROSS,
                            RENUKA NAGAR, TALUR ROAD, BALLARI,
                            TQ AND DIST: BALLARI-583101.

                                                                     ... APPELLANT
                      (BY SRI. H.M.DHARIGOND, ADVOCATE)
                      AND:

                      1.    SRI. B.PARAMESWARA S/O LATE G. NAGAPPA
                            AGE: 78 YEARS, OCC: RETIRED EMPLOYEE,
                            R/O: DEVI COMPLEX, 2ND CROSS,
                            RENUKA NAGAR, TALUR ROAD, BALLARI,
                            TQ AND DIST: BALLARI-583101..

                      2.    SMT. LAXMI DEVI W/O B. PARAMESHWAR
         Digitally
         signed by
         GIRIJA A
                            AGE: 69 YEARS, OCC: HOUSEHOLD WORK,
GIRIJA A BYAHATTI
BYAHATTI Date:
         2023.08.02
                            R/O: DEVI COMPLEX, 2ND CROSS,
         10:40:23 -
         0700               RENUKA NAGAR, TALUR ROAD, BALLARI,
                            TQ AND DIST: BALLARI-583101.

                                                                  ...RESPONDENTS
                      (R1 AND R2-NOTICE SERVED)

                            THIS MFA IS FILED U/O.43 RULE 1(R) OF THE CODE OF
                      CIVIL PROCEDURE, AGAINST THE ORDER DATED: 22.08.2017
                      PASSED IN O.S.NO.342/2015 ON THE FILE OF THE I ADDITIONAL
                      SENIOR CIVIL JUDGE, BALLARI, ALLOWING THE IA NO.II FILED
                      U/O. 39 RUE 1 AND 2 R/W SEC.94 AND 151 OF CPC.

                          THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
                      COURT DELIVERED THE FOLLOWING:
                              -2-
                                    NC: 2023:KHC-D:7957
                                      MFA No. 102712 of 2019




                         JUDGMENT

This appeal is filed against order passed against

O.S.no.342/2015 on the file of Principal Civil Judge, JMFC,

Ballari. Now, it is submitted by the learned counsel for the

appellant that the suit itself is disposed off 23.03.2022.

Under the circumstance, this appeal has become

infructuous. Accordingly, same is dismissed.

Sd/-

JUDGE

VMB