D R Suresha vs Smt H B Nirmala
2023 Latest Caselaw 7978 Kant

Karnataka High Court

D R Suresha vs Smt H B Nirmala on 21 November, 2023

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                                -1-
                                                           NC: 2023:KHC:41790
                                                      MFA No. 1311 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. 1311 OF 2017 (CPC)
                   BETWEEN:

                   1.    D R SURESHA
                         S/O G RAMEGOWDA
                         AGED ABOUT 49 YEARS.

                   2.    P S SAVITHA
                         W/O D R SURESHA
                         AGED ABOUT 39 YEARS
                         BOTH ARE RESIDING AT
                         DEVEGOWDANAKOPPALU VILLAGE
                         HAMLET OF CHIKKADE VILLAGE
                         KASABA HOBLI, PANDAVAPURA TALUK
                         MANDYA DISTRICT-571422.
                                                                ...APPELLANTS
                   (BY SRI. V N MADHAVA REDDY., ADVOCATE [ABSENT])

Digitally signed   AND:
by
DHANALAKSHMI
MURTHY
Location: High     SMT H B NIRMALA
Court of           W/O A P NARENDRA
Karnataka
                   AGED ABOUT 35 YEARS
                   R/O # 4085/2
                   BEHIND B D O OFFICE
                   MANDYA CITY-571401.
                                                               ...RESPONDENT
                   (BY SRI. H B CHANDRASHEKAR., ADVOCATE)

                        THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
                   AGAINST THE ORDER DATED: 18.08.2016 PASSED ON I.A.
                   NO.1 AND 2 IN O.S.NO. 8/2016 ON THE FILE OF THE SENIOR
                   CIVIL JUDGE AND J.M.F.C, PANDAVAPURA, ALOWING I.A.NO.1
                             -2-
                                         NC: 2023:KHC:41790
                                      MFA No. 1311 of 2017




FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC, REJECTING
I.A.NO.2 FILED UNDER ORDER 39 RULE 4 OF CPC.

     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 19.09.2021, 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