Sri. Manjunatha T vs G.S.Shivakumar
2023 Latest Caselaw 2844 Kant

                                               -1-
                                                        MFA No. 2578 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. 2578 OF 2018 (CPC)

                   BETWEEN:

                   1.    SRI. MANJUNATHA T.
                         S/O. TIPPESHAPPA
                         AGED ABOUT 37 YEARS
                         R/O. ARALAHALLI VILLAGE AND POST
                         BHADRAVATHI TALUK
                         SHIVAMOGGA DISTRICT-577 233.
                                                                   ...APPELLANT

                                 (BY SRI. SHOWRI H R., ADVOCATE)

                   AND:

                   1.    G.S.SHIVAKUMAR
                         S/O. SHADAKSHARAPPA
                         AGED ABOUT 41 YEARS
                         MANAGING DIRECTOR
Digitally signed
by SHARANYA T            "SAHYADRI LAND DEVELOPERS
Location: HIGH           AND BUILDERS"
COURT OF
KARNATAKA                R/O.NO.7, 7TH CROSS ROAD
                         VENKATESHWARA BADAVENE
                         8TH PHASE, J.P.NAGAR
                         BENGALURU-560 078

                   2.    G.S. NAVEEN
                         S/O. SHADAKSHARAPPA
                         AGED ABOUT 37 YEARS
                         R/O. GIRIYAPURA
                         KADUR TALUK
                         CHICKMAGALUR DISTRICT-577 550.
                           -2-
                                   MFA No. 2578 of 2018




3.   LINGARAJU S.K.
     S/O. NEELAKANTAPPA
     AGED ABOUT 58 YEARS
     R/O. 8TH MAIN ROAD
     OPP. DEENANATHA JAIN TEMPLE
     2ND CROSS, BASAVESHWARA
     NAGAR EXTENSION
     SHIVAMOGGA-577 201.

4.   LOHITESHWARAPPA R.T.
     S/O NOT KNOWN
     AGED ABOUT 46 YEARS
     ASSISTANT TEACHER
     GOVT. HIGHER PRIMARY SCHOOL
     ATTIGUNDA VILLAGE
     BHADRAVATHI TALUK-577 301.

5.   RAVIKUMAR H.M.
     S/O NOT KNOWN
     AGED ABOUT 43 YEARS
     GOVT. LOWER PRIMARY SCHOOL
     LAKKAPPA CAMP
     BHADRAVATHI-577 233.

6.   JAIKUMAR M.B.
     S/O NOT KNOWN
     AGED ABOUT 43 YEARS
     ASSISTANT TEACHER
     GOVT. TAMIL HIGHER PRIMARY SCHOOL
     TARIKERE ROAD
     BHADRAVATHI TALUK-577 301.

7.   MALLIKARJUNAPPA M.S.
     S/O NOT KNOWN
     AGED ABOUT 43 YEARS
     P.E. TEACHER
     GOVT. KANNADA HIGHER PRIMARY SCHOOL
     ARALIHALLI VILLAGE
     BHADRAVATHI TALUK-577 233.

8.   T.D. HARISH
     S/O. T.N.DAYANANDA
     48 YEARS
                               -3-
                                         MFA No. 2578 of 2018




     R/O. 3RD CROSS
     INDIRA EXTENSION
     GURUPURA
     SHIMOGA CITY-577 202.

9.   SADANANDA R. VERNEKAR
     S/O. RAMADAS VERNEKAR
     27 YEARS
     R/O. M.K.K.ROAD
     SHIVAMOGGA CITY-577 201.
                                               ...RESPONDENTS

      (BY SRI D.S. LINGARAJ GOWDA, ADVOCATE FOR R1;
     SRI HANUMANTHAPPA B. HAVERI GOWDAR, ADVOCATE
                        FOR R2 TO R7)

      THIS MFA IS FILED U/O. 43 RULE 1(r) OF CPC, AGAINST
ORDER DATED 15.12.2017, PASSED ON IA.NO.II, IN
O.S. NO.1/2017, ON THE FILE OF THE I ADDITIONAL SENIOR
CIVIL    JUDGE    AND    CHIEF    JUDICIAL    MAGISTRATE,
SHIVAMOGGA, DISMISSING THE APPLICATION FILED U/O.39
RULES 1 AND 2 R/W. SEC. 151 OF CPC.

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

                         JUDGMENT

The learned counsel appearing for the appellant has filed

a memo of even date stating that in view of the judgment and

decree dated 02.03.2020 passed in O.S.No.1/2017 by the I

Additional Senior Civil Judge at Shivamogga, the present

appeal arising out of the interlocutory order dated 15.12.2017

in the said suit has become infructuous and will not survive for

MFA No. 2578 of 2018

consideration. Hence, the appeal may be dismissed as having

become infructuous.

In view of the memo filed by the learned counsel

appearing for the appellant, the appeal is dismissed as having

become infructuous.

Sd/-

JUDGE

CP