Sri.M.Ramesh Kumar vs Sri.Ganapathraj
2023 Latest Caselaw 7310 Kant

                                               -1-
                                                              NC: 2023:KHC:37773
                                                            MFA No. 3994 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. 3994 OF 2021 (CPC)


                   BETWEEN:

                   SRI.M.RAMESH KUMAR
                   S/O MISRIMAJLJI
                   AGED ABOUT 53 YEARS
                   NO 5, 2ND FLOOR, SURJAJ NIVAS
                   CHICKPET CROSS
                   BANGALORE - 560 053

                                                                       ...APPELLANT
                   (BY SRI. H J SANGHVI.,ADVOCATE)

                   AND:

                   SRI.GANAPATHRAJ
Digitally signed   S/O GULRAJ
by                 AGED ABOUT 49 YEARS
DHANALAKSHMI       R/AT NO 2, 2ND CROSS
MURTHY
                   SNATHUSAPET, BANGALORE- 560 053
Location: High
Court of                                                           ...RESPONDENT
Karnataka

                          THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
                   AGAINST THE ORDER DATED:21.04.2021 PASSED ON IA NO.1
                   IN    O.S.NO.26306/2019   ON      THE   FILE   OF   THE   74TH
                   ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU,
                   (CCH-75), ALLOWING IA NO.1 FILED UNDER ORDER 39 RULES
                   1 AND 2 OF CPC.
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                                               NC: 2023:KHC:37773
                                          MFA No. 3994 of 2021




     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 seeking leave of this Court to withdraw

this appeal on the ground that the suit filed by the plaintiff

has been disposed of. He further contended that the

Execution Court may be directed to dispose of the

execution petitions as expeditiously as possible.

2. Memo dated 25.10.2023 is taken on record.

3. The appeal is dismissed as having become

infructuous.

4. The trial Court is directed to dispose of

E.P.Nos.3804/2019 and 364/2020 as expeditiously as

possible.

NC: 2023:KHC:37773 MFA No. 3994 of 2021

5. In view of withdrawing the main appeal by the

appellant, payment of cost would not arise.

Sd/-

JUDGE

HA