Sri. Marirudraiah vs Sri. Shiva Prakash
2024 Latest Caselaw 5800 Kant

Karnataka High Court

Sri. Marirudraiah vs Sri. Shiva Prakash on 26 February, 2024

                                           -1-
                                                       NC: 2024:KHC:7921
                                                   MFA No. 6255 of 2015




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 26TH DAY OF FEBRUARY, 2024

                                        BEFORE
                          THE HON'BLE MR JUSTICE R. NATARAJ
               MISCELLANEOUS FIRST APPEAL NO. 6255 OF 2015 (CPC)
               BETWEEN:

               1.    SRI. MARIRUDRAIAH,
                     S/O LATE P.BASAPPA,
                     AGED ABOUT 53 YEARS,
                     R/AT NO.150, 1ST MAIN ROAD,
                     BENIGENAHALLI, DOORAVANI NAGAR POST,
                     BANGALORE - 560 016.

               2.    SRI. VEDA PRAKASH,
                     S/O LATE P. BASAPPA,
                     AGED ABOUT 48 YEARS,
                     R/AT NO.150,
                     NEXT KRISHNAREDDY INDUSTRIAL COMPOUND,
                     VIJANAPURA, DOORAVANI NAGAR POST,
                     BANGALORE - 560 016
Digitally                                               ...APPELLANTS
signed by BS
RAVIKUMAR      (BY SRI. S.K. SHIVASHANKAR, ADVOCATE)
Location:
HIGH
COURT OF       AND:
KARNATAKA
                     SRI. SHIVA PRAKASH,
                     S/O LATE B. BANDAPPA,
                     AGED ABOUT 40 YEARS,
                     R/AT NO.128, BENIGENAHALLI,
                     DOORAVANI NAGAR POST,
                     BANGALORE - 560 016.
                                                           ...RESPONDENT
               (BY SRI. ABDUL RASHEED, ADVOCATE FOR C/R)
                                -2-
                                             NC: 2024:KHC:7921
                                         MFA No. 6255 of 2015




     THIS MFA IS FILED U/O 43, RULE 1(r) OF CPC, AGAINST
THE ORDER DATED:10.8.2015 PASSED ON IA NO.1 & 2 IN
O.S.NO.4671/2015 ON THE FILE OF THE 58TH ADDITIONAL
CITY CIVIL & SESSIONS JUDGE, (CCH-59), BENGALURU,
DISMISSING IA NO.1 FILED U/O 39, RULES 1 & 2, R/W SEC
151 OF CPC AND ALLOWING IA NO.2 FILED U/O 39, RULE 4 OF
CPC.

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

Learned counsel for the appellants submits that he

does not press this appeal but prays that a direction be

issued to the Trial Court to dispose off the suit expeditiously.

2. In view of the aforesaid submission, this appeal is

dismissed as not pressed.

3. The Trial Court is directed to dispose off the suit

as early as possible which shall at any rate not exceed one

year from the date of receipt of certified copy of the order.

Sd/-

JUDGE

KBM

CT:SNN