Sri. Santosh K vs Sri.B.A.Jayarama Reddy
2023 Latest Caselaw 8545 Kant

Karnataka High Court

Sri. Santosh K vs Sri.B.A.Jayarama Reddy on 27 November, 2023

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                             -1-
                                                        NC: 2023:KHC:42645
                                                      MFA No. 6136 of 2017




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 27TH DAY OF NOVEMBER, 2023

                                          BEFORE
                     THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 6136 OF 2017 (CPC)
                   BETWEEN:

                   SRI. SANTOSH K
                   S/O SRI D M KRISHNA
                   AGED ABOUT 48 YEARS
                   R/O #136, II MAIN
                   II CROSS, DOMLUR
                   II STAGE, BANGALORE-560071.
                                                               ...APPELLANT
                   (BY SRI. DODDAMANI SATEESH M., ADVOCATE)

                   AND:

                   SRI.B.A.JAYARAMA REDDY
                   S/O LATE ANNAIAH REDDY
                   AGED ABOUT 70 YEARS
                   R/O 243/57/5, 9TH CROSS
Digitally signed   SRI M V ROAD, BOMANAHALLI
by                 BEGUR HOBLI, BANGALORE SOUTH TALUK
DHANALAKSHMI
MURTHY             BANGALORE-560068
Location: High                                                ...RESPONDENT
Court of
Karnataka          (NOTICE IS NOT ORDERED TO RESPONDENT)

                        THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
                   AGAINST THE ORDER DATED:31.07.2017 PASSED ON I.A. NO.I
                   IN O.S.NO. 5184/2017 ON THE FILE OF THE XVI ADDITIONAL
                   CITY CIVIL AND SESSIONS JUDGE, BENGALURU, ISSUING
                   SUIT SUMMONS AND EMERGENT OF I.A.NO.1 TO THE
                   DEFENDANT RETURNABLE BY 17.08.2017 FILED UNDER ORDER
                   39 RULE 1 AND 2 OF CPC.
                                -2-
                                               NC: 2023:KHC:42645
                                          MFA No. 6136 of 2017




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

The learned counsel for the appellant has filed a

memo dated 27.11.2023 stating that the sole

defendant before the Trial Court in the suit is dead

and hence, the present appeal does not survive for

consideration. Hence, the appeal may be dismissed as

withdrawn.

The memo is placed on record.

Accordingly, the appeal is dismissed as

withdarwn.

All pending applications, if any, shall stand

disposed of.

Sd/-

JUDGE

DM