Sri. B.P. Harish vs Sri. Divyanatha R Patel
2024 Latest Caselaw 4663 Kant

Karnataka High Court

Sri. B.P. Harish vs Sri. Divyanatha R Patel on 15 February, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                             -1-
                                                          NC: 2024:KHC:6461
                                                      MFA No. 3528 of 2020




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 15TH DAY OF FEBRUARY, 2024

                                           BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   MISCELLANEOUS FIRST APPEAL NO. 3528 OF 2020 (CPC)

                   BETWEEN:

                   1.    SRI. B.P. HARISH
                         S/O BASAVEGOWDA
                         AGED ABOUT 59 YEARS
                         NO.2036/70, 11TH CROSS
                         THARALABALU LAYOUT
                         VIDHYA NAGAR, DAVANAGERE
                         REP. BY HIS P.A HOLDER
                         SRI C.R CHENNABASAPPA
                         S/O LATE RAJAPPA SHETTY
                         R/AT NO.34, 1ST CROSS,
                         RAGHAVENDRASWAMY TEMPLE STREET
                         NAGARABHAVI II STAGE
                         BANGALORE-72.
                                                               ...APPELLANT
Digitally signed              (BY SMT.LATHA S. SHETTY, ADVOCATE)
by SHARANYA T
                   AND:
Location: HIGH
COURT OF
KARNATAKA          1.    SRI. DIVYANATHA R. PATEL
                         S/O SRI RAMESH PATEL
                         AGED ABOUT 57 YEARS
                         R/AT AASHINA APARTMENTS
                         8TH MAIN. 6TH A CROSS
                         RAJAMAHAL VILAS EXTENSION
                         BENGALURU-560080

                   2.    SRI SUJAI MR GOWDA
                         S/O M.T RAMASWAMY GOWDA
                         AGED ABOUT 47 YEARS
                         NO.69/3, MISSION ROAD
                         BENGALURU-560027
                                  -2-
                                              NC: 2024:KHC:6461
                                           MFA No. 3528 of 2020




3.   THE BSNL EMPLOYEES WELFARE HOUSE
     BUILDING CO-OPERATIVE SOCIETY
     HAVING ITS REGISTERED OFFICE
     AT NO.19, OLD NO.32, 1ST FLOOR
     10TH CROSS, SAMPIGA ROAD
     MALLESWARAM
     BENGALURU-560003
     REP BY ITS SECRETARY
                                                ...RESPONDENTS

          (BY SRI. ABHILASH RAJU, ADVOCATE FOR R2;
           SRI RAVISHANKAR R.H., ADVOCATE FOR R3
                VIDE ORDER DATED 09.08.2021,
              NOTICE TO R1 IS HELD SUFFICIENT)

      THIS MFA IS FILED U/O. 43 RULE 1(r) OF CPC, AGAINST
THE ORDER DATED 12.03.2020,            PASSED ON IA.NOs.1 TO 3
AND 8 IN O.S. NO.268/2016          ON THE FILE OF THE SENIOR
CIVIL JUDGE AND J.M.F.C., DEVANAHALLI,         DISMISSING THE
IA.NOs.1 TO 3 AND 8 FILED UNDER ORDER 39, RULE 1 AND 2
OF CPC.


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


                          JUDGMENT

Learned counsel for the appellant would submit that

already suit is dismissed and miscellaneous petition is filed and

the same is pending for consideration and hence, this appeal

does not survive for consideration.

Accordingly, the appeal is dismissed, as the same does

not survive for consideration.

NC: 2024:KHC:6461

Liberty is reserved to the appellant to revive this appeal,

if the miscellaneous petition is allowed.

Sd/-

JUDGE

ST