Sri. A. Subramani vs Smt. Mahadevamma
2024 Latest Caselaw 12232 Kant

Karnataka High Court

Sri. A. Subramani vs Smt. Mahadevamma on 3 June, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                                -1-
                                                              NC: 2024:KHC:18709
                                                            MFA No. 4807 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 3RD DAY OF JUNE, 2024

                                              BEFORE
                             THE HON'BLE MR JUSTICE RAVI V HOSMANI
                      MISCELLANEOUS FIRST APPEAL NO. 4807 OF 2022 (CPC)


                      BETWEEN:

                         SRI. A. SUBRAMANI,
                         AGED ABOUT 55 YEARS,
                         S/O LATE ARAMUGAM
                         R/AT NO.10/1, 1ST FLOOR,
                         B CROSS ROAD,
                         JAGAJEEVANRAMANAGAR,
                         BANGALORE - 560 018.
                                                                    ...APPELLANT
                      (BY SRI. MOHANA CHANDRA P., ADVOCATE)


                      AND:

Digitally signed by      SMT. MAHADEVAMMA,
GEETHAKUMARI
PARLATTAYA S             AGED ABOUT 63 YEARS,
Location: High           W/O LATE M. RACCHAYYA,
Court of Karnataka
                         R/AT NO.10/1, 1ST FLOOR,
                         B CROSS ROAD,
                         JAGAJEEVANRAMANAGAR,
                         BANGALORE - 560 018.
                                                                  ...RESPONDENT
                      (BY SRI. VIJAYA KUMAR K., ADVOCATE)
                             -2-
                                          NC: 2024:KHC:18709
                                     MFA No. 4807 of 2022




       THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED 22.02.2021 PASSED ON I.A. NO.
6 IN O.S.NO. 5399/2019 ON THE FILE OF THE XII ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE BENGALURU CITY (CCH.NO.
27),    PARTLY ALLOWING I.A. NO.6 FILED UNDER ORDER 39
RULE 10 OF CPC.


       THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS

DAY, THE COURT DELIVERED THE FOLLOWING:


                        JUDGMENT

Learned counsel for respondent has produced copy of

order sheet in O.S.No.5399/2019, out of which present

appeal arises, to show that after passage of order

impugned herein, plaintiff/appellant herein has got suit

dismissed as not pressed on 10.06.2022.

2. Case status put up by registry would also

confirm same.

3. In view of above, appeal would not survive for

consideration and is dismissed as such.

NC: 2024:KHC:18709

4. In view of disposal of appeal, pending

applications are also disposed of.

Sd/-

JUDGE

NG