Smt. Rathi P vs Sri Vikas Rai
2024 Latest Caselaw 4678 Kant

Karnataka High Court

Smt. Rathi P vs Sri Vikas Rai on 15 February, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                              -1-
                                                           NC: 2024:KHC:6586
                                                       MFA No. 2395 of 2023




                        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. 2395 OF 2023 (CPC)

                   BETWEEN:

                   1.    SMT. RATHI P.,
                         AGED ABOUT 73 YEARS,
                         W/O LATE VARDANNA RAI
                         ALIAS VARDAMNA RAI,
                         AGRICULTURIST,
                         NOW R/AT PARARI,
                         KODIYALA VILLAGE,
                         SULLIA TALUK,
                         D.K.DISTRICT - 574212.
                                                                  ...APPELLANT

                                 (BY SRI. SACHIN B.S, ADVOCATE)
                   AND:
Digitally signed
by SHARANYA T      1.    SRI VIKAS RAI
Location: HIGH           AGED ABOUT 44 YEARS,
COURT OF
KARNATAKA                S/O LATE JAGANNATH RAI,
                         AGRICULTURIST,
                         R/AT MARDHUR,
                         YEDAMANGALA VILLAGE,
                         KADABA TALUK,
                         D.K.-574221.
                                                              ...RESPONDENT

                           (BY SRI. RAVISHANKAR SHASTRY G., ADVOCATE)
                                     -2-
                                                  NC: 2024:KHC:6586
                                             MFA No. 2395 of 2023




     THIS MFA IS FILED U/O.43 RULE 1(r) R/W SEC.151 OF
CPC, AGAINST THE ORDER DATED 09.11.2022 PASSED ON IA
NO.2 IN O.S.NO.30/2022 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND JMFC, SULLIA, D.K, PARTLY ALLOWING IA NO.2
FILED U/O.39 RULE 1 AND 2 OF CPC.

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


                              JUDGMENT

The learned counsel for the appellant files memo

stating that the suit in O.S.No.30/2022 has been disposed

of. Hence, this appeal does not survive for consideration.

In view of the same, the appeal becomes infructuous.

Hence, the appeal is dismissed as infructuous.

In view of the dismissal of the appeal,

I.A.No.1/2023 does not survive for consideration.

Sd/-

JUDGE

RHS