Sri Sheik Babu vs Sri Raghushankar
2023 Latest Caselaw 7976 Kant

Karnataka High Court

Sri Sheik Babu vs Sri Raghushankar on 21 November, 2023

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                              -1-
                                                        NC: 2023:KHC:41789
                                                       MFA No. 889 of 2017




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 21ST DAY OF NOVEMBER, 2023

                                          BEFORE
                      THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 889 OF 2017 (CPC)
                   BETWEEN:

                   SRI SHEIK BABU
                   S/O LATE KASIM SAB
                   AGED ABOUT 51 YEARS
                   R/O MOHAMMED SAB PALYA
                   JARAKBANDE KAVAL VILLAGE
                   YELAHANKA HOBLI
                   BANGALORE NORTH TALUK.
                                                               ...APPELLANT
                   (BY SRI. SRIVATHSAVA H K., ADVOCATE [ABSENT])

                   AND:

                   SRI RAGHUSHANKAR
                   S/O S ANAND
                   AGED ABOUT 44 YEARS
Digitally signed   R/AT NO.63, 4TH CROSS
by
DHANALAKSHMI       JUDICIAL OFFICERS LAYOUT
MURTHY             RMV EXTENSION, 2ND STAGE
Location: High     SANJAYANAGAR
Court of
Karnataka          BANGALORE-560 094.
                                                            ...RESPONDENT
                   (BY SRI. A K SUBBAIAH.,ADVOCATE)

                        THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
                   AGAINST THE ORDER DATED:09.01.2017 PASSED ON IA NO.1
                   IN O.S.NO.2922/16 ON THE FILE OF THE 29TH ADDITIONAL
                   CITY CIVIL JUDGE, BENGALURU, ALLOWING IA NO.1 FILED
                   U/O.39 RULE 1&2 OF CPC.
                               -2-
                                            NC: 2023:KHC:41789
                                           MFA No. 889 of 2017




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

As per the trial court records, the suit itself has been

disposed of on 03.12.2021, hence the appeal does not

survive for consideration.

2. Accordingly, appeal is dismissed as having

become infructuous.

3. All pending applications stand disposed of.

Sd/-

JUDGE

CM