Smt. Uma Prasad vs Sri.N.B.Rajappa
2023 Latest Caselaw 8547 Kant

Karnataka High Court

Smt. Uma Prasad vs Sri.N.B.Rajappa on 27 November, 2023

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                               -1-
                                                          NC: 2023:KHC:42641
                                                        MFA No. 6906 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. 6906 OF 2017 (CPC)
                   BETWEEN:

                   SMT. UMA PRASAD
                   W/O.M.N.B.R.PRASAD
                   AGED ABOUT 56 YERS
                   RESIDING AT #10, 3RD MAIN
                   BSK III STAGE, BANGALORE-560085.
                                                                ...APPELLANT
                   (BY SRI. H S CHANDRASHEKAR.,ADVOCATE)

                   AND:

                   SRI.N.B.RAJAPPA
                   S/O LATE BETTEGOWDA
                   AGED ABOUT 79 YEARS
                   #F-388, 11TH A MAIN ROAD
                   7TH CROSS, BHARATH NAGAR
Digitally signed
by                 MAGADI ROAD, BANGALORE-560091.
DHANALAKSHMI                                                  ...RESPONDENT
MURTHY
Location: High     (BY SRI. SURESH.,ADVOCATE)
Court of
Karnataka                 THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
                   AGAINST THE ORDER DATED: 22.08.2017 PASSED ON I.A.NO.1
                   IN O.S.NO.2541/2016 ON THE FILE OF THE III ADDITIONAL
                   CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING
                   THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC.

                          THIS APPEAL, COMING ON FOR ADMISSION , THIS DAY,

                   THE COURT DELIVERED THE FOLLOWING:
                             -2-
                                       NC: 2023:KHC:42641
                                     MFA No. 6906 of 2017




                         JUDGMENT

The learned counsel for the appellant has filed a

memo dated 27.11.2023 stating that the suit itself has

been dismissed and hence, the present appeal does

not survive for consideration. Hence, the appeal may

be dismissed as having become infructuous.

The memo is placed on record.

Accordingly, the appeal is dismissed as having

become infructuous.

All pending applications, if any, shall stand

disposed of.

Sd/-

JUDGE

DM