Sri D Ashwath Narayan vs Sri M Krishnamurthy
2024 Latest Caselaw 749 Kant

Karnataka High Court

Sri D Ashwath Narayan vs Sri M Krishnamurthy on 9 January, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                             -1-
                                                           NC: 2024:KHC:1045
                                                        MFA No. 1710 of 2020




                        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. 1710 OF 2020 (CPC)
                   BETWEEN:

                         SRI. D. ASHWATH NARAYAN,
                         S/O LATE DURGAPPA,
                         AGED ABOUT 53 YEARS,
                         RESIDING AT NO.30,
                         3RD CROSS,
                         MADAKARINAYAK MAIN ROAD,
                         YARRAIANAPALYA,
                         BENGALURU - 560 079.
                                                                ...APPELLANT
                   (BY SRI. MANJUNATH K.V., ADVOCATE)

                   AND:

                   1.    SRI. M. KRISHNAMURTHY,
Digitally signed         AGED ABOUT 53 YEARS,
by SHARANYA T
Location: HIGH           S/O LATE D. MUNISWAMY,
COURT OF                 RESIDING AT NO.166,
KARNATAKA
                         4TH CROSS,
                         MADAKARINAYAK MAIN ROAD,
                         YARRAIANAPALYA,
                         BENGALURU - 560 079.

                   2.    THE COMMISSIONER,
                         BRUHATH BENGALURU MAHANAGARA PALIKE,
                         N.R. SQUARE,
                         BENGALURU - 560 001.
                                -2-
                                              NC: 2024:KHC:1045
                                         MFA No. 1710 of 2020




3.   THE ASSISTANT EXECUTIVE ENGINEER,
     BRUHATH BENGALURU MAHANAGARA PALIKE,
     HORAMAVU VILLAGE AND POST,
     BENGALURU - 560 043.
                                       ...RESPONDENTS
(BY SRI. V. NARAYANA KUMAR, ADVOCATE FOR R1;
    SRI. AMITH DESHPANDE, ADVOCATE FOR R2 AND R3)

      THIS MFA IS FILED U/O. 43 RULE 1(r) OF CPC, AGAINST
THE ORDER DATED. 30.01.2020,          PASSED ON IA IN O.S.
NO.26198/2019, ON THE FILE OF THE LXXIII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, MAYOHALL UNIT, BENGALURU
(CCH-74), ALLOWING THE IA FILED BY THE PLAINTIFF U/O.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 submits that the suit is

dismissed for non prosecution and thereafter, they have filed a

petition for restoration and the restoration petition is pending.

In view of the said submission, when the suit is already

dismissed for non prosecution and the petition is pending for

restoration, no purpose would be served in considering this

MFA and hence, the same does not survive for consideration. If

NC: 2024:KHC:1045

the restoration petition is allowed and need arises, then the

same can be revived.

2. With these observations MFA is disposed off.

Sd/-

JUDGE

NJ

CT:SNN