Sri M Ramaiah vs Sri Nanjappa
2023 Latest Caselaw 7309 Kant

                                               -1-
                                                             NC: 2023:KHC:37771
                                                        MFA No. 6433 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 25TH DAY OF OCTOBER, 2023

                                            BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 6433 OF 2021 (CPC)


                   BETWEEN:

                   1.    SRI M RAMAIAH
                         AGED ABOUT 76 YEARS
                         S/O LATE MUNISHAMAPPA


                   2.    SMT NANJAMMA
                         AGED ABOUT 70 YEARS
                         W/O LATE CHINNAPPAIAH
                         ALL ARE R/AT BETTENAHALLI VILLAGE
                         KUNDANA HOBLI
                         DEVANAHALLI TALUK
                                                                  ...APPELLANTS
                   (BY SRI. BALAJI RAGHUNATHAN., ADVOCATE)
Digitally signed   AND:
by
DHANALAKSHMI
MURTHY
                   1.    SRI NANJAPPA
Location: High
Court of                 S/O LATE CHIKKA KEMPANNA
Karnataka                AGED ABOUT 75 YEARS
                         R/AT SADENAHALLI LAYOUT
                         NEAR PATALAMMA TEMPLE
                         HESARGHATTA HOBLI
                         ARADESHANAHALLI POST
                         BENGALURU NORTH TALUK.

                   2.    SMT B R GIRIJA
                         D/O SRI M RAMAIAH
                         AGED ABOUT 30 YEARS
                              -2-
                                         NC: 2023:KHC:37771
                                      MFA No. 6433 of 2021




3.   SMT SUNANDAMMA
     D/O LATE CHINNAPPAIAH
     AGED ABOUT 50 YEARS

4.   SMT SHANTHAMMA
     D/O LATE CHINNAPPAIAH
     AGED ABOUT 45 YEARS
     R2 TO R4 ARE R/AT
     BETTENAHALLI VILLAGE
     KUNDANA HOBLI
     DEVANAHALLI TALUK
                                            ...RESPONDENTS


     THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) R/W
SECTION     151    OF   CPC,    AGAINST     THE ORDER
DATED:21.10.2021     PASSED ON IA 1 AND IA NO.7 IN
O.S.NO.643/2017 ON THE FILE OF THE PRL. SENIOR CIVIL
JUDGE, JMFC, DEVANAHALLI, ALLOWING IA NO.1 FILED
U/O.39 RULE 1 AND 2 R/W SECTION 151 OF CPC, REJECTING
IA NO.7 FILED U/O.39 RULE 4 R/W SEC.151 OF CPC.

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


                       JUDGMENT

1. Learned counsel for the appellant has filed a memo

dated 25.10.2023 stating that the original suit filed by the

plaintiff has been disposed of. Hence, the present appeal

does not survive for consideration and the same has

become infructuous.

2. Memo dated 25.10.2023 is taken on record.

NC: 2023:KHC:37771 MFA No. 6433 of 2021

3. Accordingly, the appeal is dismissed as having

become infructuous.

Sd/-

JUDGE

HA