Sri.S Rajashekar Murthy vs Sri Deva Ram
2023 Latest Caselaw 7687 Kant

                                              -1-
                                                            NC: 2023:KHC:40538
                                                          MFA No. 1880 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 15TH DAY OF NOVEMBER, 2023

                                            BEFORE

                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD

                   MISCELLANEOUS FIRST APPEAL NO. 1880 OF 2023 (CPC)



                   BETWEEN:

                   SRI.S RAJASHEKAR MURTHY
                   S/O LATE C SREERAMAIAH
                   AGED ABOUT 54 YEARS
                   RESIDING AT NO 101
                   COTTONPET MAIN ROAD
                   OPP POLICE STATION
                   BENGALURU 560053.
                                                                  ...APPELLANT
                   (BY SRI. SHANKAR G.,ADVOCATE)

                   AND:
Digitally signed
by
DHANALAKSHMI       1.    SRI DEVA RAM
MURTHY                   S/O SRI DOTA RAM MALI
Location: High
Court of                 AGED ABOUT 29 YEARS
Karnataka                RESIDING AT NO 14/1, 2ND FLOOR
                         7TH CROSS, KILARI ROAD
                         BENGALURU 560053
                         PROP PRIYA LIGHTS
                         ALSO AT NO 123, HURIOPET
                         B V K IYENGAR ROAD
                         BANGALORE 560053.

                   2.    SMT BHUVANESHWARI
                         W/O M SHIVASHANKAR
                         D/O LATE C SREERAMAIAH
                               -2-
                                          NC: 2023:KHC:40538
                                        MFA No. 1880 of 2023




     AGED ABOUT 49 YEARS
     RESIDING AT NO 39, RAYAPPA ROAD
     DEVI NILAYA KAMMANAHALLI
     BANGALORE 560084.
                                                ...RESPONDENTS
(BY SRI.SRINATHA B.R., ADVOCATE FOR C/R2,
    NOTICE IS NOT ORDERED IN RESPECT OF R1)


       THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) R/W
SECTION    151   OF    CPC,   AGAINST   THE     ORDER    DATED:
09.03.2023 PASSED ON I.A.NO.II IN OS.NO.5958/2021 ON
THE FILE OF THE LXIV ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE,    CCH-65,     BENGALURU,    REJECTING    THE    I.A.NO.II
FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF
CPC.

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

                          JUDGMENT

1. Learned counsel for the appellant has filed a memo

dated 15.11.2023 stating that the suit filed before the trial

Court has been settled between the parties and hence the

above appeal does not survive for consideration and the

same may be dismissed as withdrawn.

2. Memo dated 15.11.2023 is taken on record.

NC: 2023:KHC:40538 MFA No. 1880 of 2023

3. Accordingly, the appeal is dismissed as

withdrawn.

Sd/-

JUDGE

HA