Smt. Velliyamma vs Sri S Mahalingaswamy
2024 Latest Caselaw 15088 Kant

Karnataka High Court

Smt. Velliyamma vs Sri S Mahalingaswamy on 28 June, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                             -1-
                                                     NC: 2024:KHC:25390
                                                   MFA No. 8793 of 2018




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 28TH DAY OF JUNE, 2024

                                         BEFORE
                      THE HON'BLE MR JUSTICE RAVI V HOSMANI
               MISCELLANEOUS FIRST APPEAL NO. 8793 OF 2018 (CPC)
               BETWEEN:

               SMT. VELLIYAMMA,
               W/O LATE C.NARAYANA SWAMY,
               AGED ABOUT 68 YEARS,
               R/AT NO.8, GOSAIAH STREET,
               AKKITHIMMANAHALLI,
               SHANTHINGARA,
               BENGALURU - 560 027.
                                                            ...APPELLANT
               (BY SMT.SREEVIDHYA G.K., ADVOCATE FOR
                   SRI. T.N.VISWANATHA., ADVOCATE)

               AND:

                   SRI. S. MAHALINGASWAMY,
                   S/O LATE D.SIDDAIAH,
Digitally signed byAGED ABOUT 65 YEARS,
GEETHAKUMARI R/AT NO.36, 1ST CROSS,
PARLATTAYA S
Location: High     APC LAYOUT, THINDLU,
Court of KarnatakaBENGALURU - 560 097.

                                                         ...RESPONDENT
               (BY SRI. BHANUPRASAD K., ADVOCATE FOR C/R)

                    THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC,
               AGAINST THE ORDER DATED 06.10.2018 PASSED ON IA NO.1
               IN O.S.NO.4726/2018 ON THE FILE OF THE XXIX ADDITIONAL
               CITY CIVIL & SESSIONS JUDGE, BENGALURU (SCCH-30),
               ALLOWING IA NO.1 FILED U/O.39 RULE 1 & 2 OF CPC.
                                 -2-
                                               NC: 2024:KHC:25390
                                             MFA No. 8793 of 2018




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

Learned counsel for appellant submits that suit itself has

been disposed of on 13.04.2023 as per Registry note and in

view of same, appeal has rendered infructuous.

2. Submission is placed on record.

3. Appeal is dismissed as having become infructuous.

Sd/-

JUDGE

MKM