Sri. B. S. Sunil vs Smt. Velliyamma
2024 Latest Caselaw 15089 Kant

Karnataka High Court

Sri. B. S. Sunil vs Smt. Velliyamma on 28 June, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                                   -1-
                                                             NC: 2024:KHC:25391
                                                           MFA No. 336 of 2019




                        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. 336 OF 2019 (CPC)
                      BETWEEN:

                      SRI. B. S. SUNIL,
                      S/O SRI. B. SRINIVAS,
                      AGED ABOUT 48 YEARS,
                      R/AT NO.1028/1, 25TH MAIN,
                      13TH CROSS, BSK II STAGE,
                      BANGALORE - 560 070.
                                                                   ...APPELLANT
                      (BY SRI. BHANUPRASAD K., ADVOCATE)

                      AND:

                      SMT. VELLIYAMMA,
                      W/O LATE C.NARAYANA SWAMY,
                      AGED ABOUT 68 YEARS,
Digitally signed by   R/AT NO.8, GOSAIAH STREET,
GEETHAKUMARI
PARLATTAYA S          AKKITHIMMANAHALLI,
Location: High        SHANTHINAGARA,
Court of Karnataka    BANGALORE - 560 027.
                                                                 ...RESPONDENT
                      (BY SRI. V.G.BHANUPRAKASH, ADVOCATE)

                           THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST
                      THE ORDER DATED 2.01.2019, PASSED ON I.A.NO.1 IN
                      OS.NO.5195/2018 ON THE FILE OF THE XVI ADDITIONAL CITY
                      CIVIL & SESSIONS JUDGE, BENGALURU, [SCCH-12],
                      DISMISSING THE I.A.NO.1 FILED BY THE PLAINTIFF UNDER
                      ORDER 39 RULE 1 AND 2 OF CPC.
                                  -2-
                                               NC: 2024:KHC:25391
                                              MFA No. 336 of 2019




    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 05.08.2023 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