Dr H R Vijaykumar vs Sri Ravi Kumar H R
2023 Latest Caselaw 8925 Kant

Karnataka High Court

Dr H R Vijaykumar vs Sri Ravi Kumar H R on 29 November, 2023

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                             -1-
                                                           NC: 2023:KHC:43097
                                                        MFA No. 6796 of 2022
                                                    C/W MFA No. 6792 of 2022



                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 29TH DAY OF NOVEMBER, 2023

                                          BEFORE
                      THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 6796 OF 2022(CPC)
                                            C/W
                   MISCELLANEOUS FIRST APPEAL NO. 6792 OF 2022(CPC)
                   IN MFA 6796/2022

                   BETWEEN:

                   DR H R VIJAYKUMAR
                   S/O LATE M RAJASHEKARAIAH
                   AGED ABOUT 62 YEARS
                   R/O NO.31, 3RD STAGE
                   3RD BLOCK, IST MAIN ROAD
                   BASAVENSHWARANAGAR
                   BENGALURU-560079
                                                                 ...APPELLANT
                   (BY SRI. P D SURANA.,ADVOCATE)

Digitally signed   AND:
by
DHANALAKSHMI
MURTHY
Location: High
                   SRI RAVI KUMAR H R
Court of           S/O LATE SRI RAJASHEKARAIAH
Karnataka          AGED ABOUT 61 YEARS
                   R/A NO.404/P2
                   4TH CROSS, MANJUNATHA NAGARA
                   KALKERE, K R PURAM HOBLI
                   BENGALURU-560043
                                                               ...RESPONDENT
                   (BY SRI.H MANJUNATH., ADVOCATE C/R)

                        THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) R/W
                   SECTION 151 OF CPC, AGAINST THE ORDER DATED
                   20.09.2022 PASSED ON I.A.NO.2 IN OS.NO.4534/2022 ON THE
                           -2-
                                        NC: 2023:KHC:43097
                                     MFA No. 6796 of 2022
                                 C/W MFA No. 6792 of 2022



FILE OF THE X ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU SCCH-26, ALLOWING THE I.A.NO.2 FILED UNDER
ORDER 39 RULE 4 OF CPC.

IN MFA 6792/2022

BETWEEN:

DR H R VIJAYKUMAR
S/O LATE M RAJASHEKARAIAH
AGED ABOUT 62 YEARS
R/O NO.31, 3RD STAGE
3RD BLOCK, IST MAIN ROAD
BASAVENSHWARANAGAR
BENGALURU-560079
                                              ...APPELLANT
(BY SRI. P D SURANA.,ADVOCATE)

AND:

SRI RAVI KUMAR H R
S/O LATE SRI RAJASHEKARAIAH
AGED ABOUT 61 YEARS
R/A NO.404/P2
4TH CROSS, MANJUNATHA NAGARA
KALKERE, K R PURAM HOBLI
BENGALURU-560043
                                            ...RESPONDENT
(BY SRI.H MANJUNATH., ADVOCATE C/R)

      THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) R/W
SECTION 151 OF CPC, AGAINST THE ORDER DATED
20.09.2022 PASSED ON I.A.NO.1 IN OS.NO.4534/2022 ON THE
FILE OF THE X ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU SCCH-26, ALLOWING THE I.A.NO.1 FILED UNDER
ORDER 39 RULE 4 OF CPC.

     THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
                                 -3-
                                               NC: 2023:KHC:43097
                                          MFA No. 6796 of 2022
                                      C/W MFA No. 6792 of 2022




                           JUDGMENT

1. Learned counsel for the appellant has filed a memo

dated 29.11.2023 stating that the suit filed by the plaintiff

before the trial Court has been disposed of. Hence, the

present appeals may be dismissed as withdrawn.

2. Memo dated 29.11.2023 is taken on record.

3. Accordingly, the appeals are dismissed as

withdrawn.

Sd/-

JUDGE

HA