Sri B Vijayabhaskar Shetty vs Bamdev Bayak
2023 Latest Caselaw 2843 Kant

                                               -1-
                                                          MFA No. 1176 of 2018




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 2ND DAY OF JUNE, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   MISCELLANEOUS FIRST APPEAL NO. 1176 OF 2018 (CPC)

                   BETWEEN:

                   1.     SRI B. VIJAYABHASKAR SHETTY
                          S/O LATE C.S. SHETTY
                          SINCE DECEASED BY HIS LRs.,

                   1(a) SMT. VRINDA V. SHETTY
                        W/O LATE B. VIJAYABHASKAR SHETTY
                        AGED ABOUT 57 YELARS

                   1(b) SRI RAHUL V. SHETTY
                        S/O LATE B. VIJAYABHASKAR SHETTY
                        AGED ABOUT 31 YEARS

                   1(c) SRI. GOKUL V. SHETTY
                        S/O LATE B. VIJAYABHASKAR SHETTY
                        AGED ABOUT 29 YEARS
Digitally signed
by SHARANYA T
Location: HIGH            RESIDING AT NO.A-1,
COURT OF
KARNATAKA                 CASA LAVELLE 4, LAVELLE ROAD,
                          BENGALURU-560 001.

                                                               ...APPELLANTS

                              (BY SRI. S. SHAKER SHETTY, ADVOCATE)
                   AND:

                   1.    BAMDEV BAYAK
                         S/O S.BAHADUR NAYAK
                         AGED ABOUT 71 YEARS
                         CLASS 1 KPWD CONTRACTOR
                         "NEELADRI PLAZA",
                               -2-
                                         MFA No. 1176 of 2018




     4, RAJA RAM MOHAN ROY ROAD,
     NEAR RICHMAN CIRCLE
     BENGALURU-560 025.

2.   GIRISH KUMAR K,
     S/O S. KRISHNA REDDY
     AGED ABOUT 46 YEARS
     R/AT NO.26, 6TH MAIN, "D" CROSS,
     II STAGE, II PHASE,
     MAHALAKSHMI LAYOUT
     BENGALURU-560 086.
                                               ...RESPONDENTS

      (BY SRI. K.R.KRISHNAMURTHY, ADVOCATE FOR R1)


      THIS MFA IS FILED U/O.43 RULE 1(q) OF THE CPC,
AGAINST THE ORDER DT.11.01.2018 PASSED ON IA NO.6 IN
O.S.NO.893/2010 ON THE FILE OF THE PRINCIPAL CITY CIVIL
& SESSIONS JUDGE, BENGALURU, REJECTING IA NO.6 FILED
U/O.38   RULE    5(2)   OF    CPC    FILED   BY   THE    LEGAL
REPRESENTATIVE OF PLAINTIFF NO.1(b).


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


                         JUDGMENT

Learned counsel appearing for respondent No.1 has

produced the copy of the judgment and decree passed in

O.S.No.893/2010, the suit itself is dismissed and this appeal is

arising out of the order passed on I.A.No.VI. Hence, the appeal

MFA No. 1176 of 2018

does not survive for consideration, the same stands dismissed

as having become infructuous.

Sd/-

JUDGE

CP