Sri S K Gurumurthy vs Sri P Subba Reddy
2023 Latest Caselaw 8353 Kant

Karnataka High Court

Sri S K Gurumurthy vs Sri P Subba Reddy on 24 November, 2023

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                                 -1-
                                                         NC: 2023:KHC:42518
                                                       MFA No. 6315 of 2017




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 24TH DAY OF NOVEMBER, 2023

                                           BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 6315 OF 2017 (CPC)
                   BETWEEN:

                   1.    SRI S K GURUMURTHY
                         S/O M K KRISHNA REDDY
                         ABOUT 38 YEARS.

                   2.    SRI S K MURALIDHARA
                         S/O M KRISHNA REDDY
                         AGED ABOUT 35 YEARS

                         BOTH ARE R/AT SOMASANDRAPALYA
                         AGARA POST, HARALUKUNTE DHAKALE
                         BEGUR HOBLI, BANGALORE SOUTH TALUK
                         BANGALORE - 560068.
                                                              ...APPELLANTS
                   (BY SRI. SRIKANTH S.,ADVOCATE (ABSENT))

Digitally signed   AND:
by
DHANALAKSHMI
MURTHY
Location: High
                   1.    SRI P SUBBA REDDY
Court of                 S/O LATE P CHANGA REDDY
Karnataka
                         AGED ABOT 58 YEARS.

                   2.    SMT PADMAMMA
                         W/O P SUBBA REDDY
                         AGED ABOUT 43 YEARS
                         BOTH ARE R/AT NO 68/1
                         SRIRAMANAGAR GARVEBHAVIPALYA
                         NEAR MICO LAYOUT, BENGALURU - 560068.
                                                            ...RESPONDENTS
                   (NOTICE IS NOT ORDERED TO RESPONDENTS)
                              -2-
                                          NC: 2023:KHC:42518
                                       MFA No. 6315 of 2017




     THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED:27.07.2017 PASSED ON I.A.NO.1
IN O.S.NO.4554/2017 ON THE FILE OF THE LXV ADDITIONAL
CITY CIVIL & SESSIONS JUDGE, BENGALURU, (CCH-66)
ALLOWING I.A.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

1. None appears for the appellants.

2. As per the trial Court records, the suit filed by the

plaintiffs before the trial Court has been disposed of on

10.03.2022. Hence, the present appeal does not survive

for consideration and the same has become infructuous.

3. Accordingly, the appeal is dismissed as having

become infructuous.

4. All pending applications are also disposed of.

Sd/-

JUDGE

HA