Sri. Vinay vs Sri. Sharanappa Arekeri
2023 Latest Caselaw 2875 Kant

                                                  -1-

                                                        MFA No. 8437 of 2017




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 5TH DAY OF JUNE, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   MISCELLANEOUS FIRST APPEAL NO. 8437 OF 2017 (CPC)

                   BETWEEN:

                   1.    SRI. VINAY
                         S/O. A.S.NAGARAJAIAH,
                         AGED ABOUT 34 YEARS
                         R/AT NO.60, 5TH CROSS,
                         5TH MAIN, VIDYANAGARA,
                         OPP: SVN SCHOOL
                         BANGALORE-560 057.
                                                             ...APPELLANT

                         (BY SRI. M. JAGADEESH, ADVOCATE [THROUGH VC])

                   AND:

                   1.    SRI. SHARANAPPA AREKERI
                         S/O. ANDAPPA AREKERI,
Digitally signed
by SHARANYA T            MAJOR, R/AT NO.268,
Location: HIGH           DEFENCE COLONY MAIN ROAD,
COURT OF
KARNATAKA                9TH MAIN ROAD, 'B' CROSS,
                         BAGALKUNTE,
                         BANGALORE-560 073.

                   2.    DEEPAK SAHAKARI BANK
                         SRIRAMPURAM,
                         BANGALORE-560 021
                         BY ITS BRANCH MANAGER
                                                             ...RESPONDENTS

                          (BY SRI. P.H.VIRUPAKSHAIAH, ADVOCATE FOR R1;
                                            R2 SERVED)
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                                               MFA No. 8437 of 2017




     THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC,
AGAINST THE ORDER DT.09.10.2017 PASSED ON IA NO.1 IN
O.S.NO.25166/2016 ON THE FILE OF THE LVII ADDITIONAL
CITY CIVIL & SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU
(CCH NO.58), REJECTING IA NO.1 FILED U/O.39 RULE 1 & 2 OF
CPC.

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

                              JUDGMENT

Learned counsel for the appellant submits that the suit

has already been disposed of and hence, this miscellaneous

first appeal has rendered itself infructuous.

The submission of the learned counsel for the appellant is

placed on record.

In view of the submission of the learned counsel for the

appellant, the appeal is dismissed as having become

infructuous.

Sd/-

JUDGE

ST