Ashok P Shah vs K R Nagendra
2024 Latest Caselaw 747 Kant

Karnataka High Court

Ashok P Shah vs K R Nagendra on 9 January, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                                -1-
                                                         NC: 2024:KHC:1048
                                                       MFA No. 239 of 2017




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 9TH DAY OF JANUARY, 2024

                                             BEFORE
                             THE HON'BLE MR JUSTICE H.P.SANDESH
                   MISCELLANEOUS FIRST APPEAL NO. 239 OF 2017 (CPC)
                   BETWEEN:

                   1.    ASHOK P SHAH,
                         S/O PRAVEEN SHAH,
                         AGED ABOUT 68 YEARS,
                         R/AT NO.1346,
                         POORNA PRAJNA NAGARA,
                         UTTARAHALLI,
                         BENGALURU - 560 061.

                   2.    SUMATHI B REDDY,
                         W/O DR. BYRA REDDY,
                         AGED ABOUT 58 YEARS,
                         R/AT NO.1271, 8TH B CROSS,
                         1ST E MAIN ROAD,
                         SAI BABA TEMPLE ROAD,
Digitally signed
by SHARANYA T            GIRINAGAR 2ND STAGE,
Location: HIGH           BENGALURU - 560 085.
COURT OF
KARNATAKA                                                     ...APPELLANTS
                   (BY SRI. B.R. RAGHAVENDRA, ADVOCATE FOR
                       SRI. S.N. BHAT, ADVOCATE)

                   AND:

                   1.    K.R. NAGENDRA,
                         FATHER NOT KNOWN TO THE APPELLANT,
                         MAJOR,
                         NO.2718, 6TH MAIN,
                         KUMARASWAMY LAYOUT,
                             -2-
                                         NC: 2024:KHC:1048
                                       MFA No. 239 of 2017




     2ND STAGE,
     BENGALURU - 560 078.

2.   THE COMMISSIONER,
     BRUHAT BENGALURU MAHANAGARA PALIKE,
     HUDSON CIRCLE,
     BENGALURU - 560 001.

3.   THE CHAIRMAN,
     BENGALURU DEVELOPMENT AUTHORITY,
     BENGALURU.

4.   THE PRESIDENT,
     POORNA PRAJNA HOUSE BUILDING SOCIETY,
     "SWARNA BHAVANA",
     2ND FLOOR, UTTARAHALLI,
     BENGALURU - 560 061.

5.   THE PRESIDENT,
     POORNA PRAJNA RESIDENTIAL
     WELFARE ASSOCIATION,
     1ST FLOOR, POORNA PRAJNA NAGAR,
     BENGALURU - 560 061.

6.   THE REGISTRAR,
     CO-OPERATIVE SOCIETIES,
     ALI ASKERE ROAD,
     VASANTHANAGAR,
     BENGALURU - 560 001.
                                           ...RESPONDENTS
(BY SRI. SADASIVA REDDY, ADVOCATE)

      THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
1908, AGAINST THE ORDER DATED 06.12.2016, PASSED IN
I.A.NO.7, IN O.S.NO.7528/2016 ON THE FILE OF THE COURT
                                -3-
                                                 NC: 2024:KHC:1048
                                               MFA No. 239 of 2017




OF THE PRL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU,
REJECTING THE I.A. FILED UNDER ORDER 39 RULE 1 & 2 OF
CPC.

       THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

                            JUDGMENT

Learned counsel appearing for appellant submits that the

suit has already been disposed off in the Trial Court and hence

the pending MFA becomes infructuous. Hence, submission of

learned counsel is taken on record.

2. Miscellaneous First Appeal is dismissed as

infructuous.

Sd/-

JUDGE

NJ

CT:SNN