K Anas Abdul Kader vs Mr Mohammed Kutty
2023 Latest Caselaw 8553 Kant

Karnataka High Court

K Anas Abdul Kader vs Mr Mohammed Kutty on 27 November, 2023

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                               -1-
                                                          NC: 2023:KHC:42649
                                                        MFA No. 2554 of 2018




                        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. 2554 OF 2018 (CPC)


                   BETWEEN:

                   K ANAS ABDUL KADER
                   AGED ABOUT 56 YEARS,
                   S/O SRI HAJI M K ABDUL KADER,
                   R/AT NO.40, IST FLOOR, 5TH CROSS,
                   ASHIRWAD COLONY,
                   HORAMAVU MAIN ROAD,
                   BANGALORE-560043.
                                                                ...APPELLANT
                   (BY SRI SHRAVAN S LOKRE, ADVOCATE)

                   AND:

                   1.     MR MOHAMMED KUTTY
Digitally signed
by                        AGED ABOUT 57 YEARS,
DHANALAKSHMI
MURTHY                    S/O LATE MOIDU HAJI,
Location: High            JASNA COTTAGE,
Court of
Karnataka                 OP.O EAWARAMANGALAM,
                          MALAPPURAM DISTRICT,
                          KERALA.

                   2.    MR.MD. SHOUFAKATALY
                         S/O LATE ABDUL RAHIMAN,
                         AGED ABOUT 47 YEARS,
                         R/AT NO.412/A, IST C CROSS,
                         7TH BLOCK, KORAMANGALA,
                         BANGALORE-560095.
                             -2-
                                          NC: 2023:KHC:42649
                                        MFA No. 2554 of 2018




3.   MR ABDUL RASHEED K M
     S/O HAMZAKOYA K,
     AGED ABOUT 49 YEARS,
     R/AT NO.412/A, IST C CROSS,
     7TH BLOCK, KORAMANAGALA,
     BANGALORE-560095.
                                             ...RESPONDENTS
(BY SRI. USHA REDDY K P, ADVOCATE FOR C/R1 & R3);
     NOTICE TO R-2 SERVED & UNREPRESENTED.


      MFA FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE
ORDER    DT.17.03.2018    PASSED    ON     IA   NO.1&2    IN
O.S.NO.26284/2017 ON THE FILE OF THE XXVI ADDITIONAL
CITY CIVIL & SESSIONS JUDGE, MAYO HALL, BENGALURU,
REJECTING IA NO.1 FILED U/O.39 RULES 1&2 OF THE CPC,
ALLOWING IA NO.2 FILED U/O.39 RULE 4 OF THE CPC.

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

                         JUDGMENT

1. None appears for the appellant.

2. As per trial Court records, the suit itself has been

disposed of on 08.02.2021 and hence, the appeal does not

survive for consideration and the same has become

infructuous.

NC: 2023:KHC:42649

3. In view of the above, the appeal is dismissed as

having become infructuous.

4. All pending applications do not survive and the same

are also disposed of.

Sd/-

JUDGE

HA