Sri. K V Nagaraj vs Sri. B N Shivalingamurthy
2024 Latest Caselaw 27263 Kant

Karnataka High Court

Sri. K V Nagaraj vs Sri. B N Shivalingamurthy on 13 November, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                              -1-
                                                          NC: 2024:KHC:45916
                                                       MFA No. 2502 of 2016




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 13TH DAY OF NOVEMBER, 2024

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   MISCELLANEOUS FIRST APPEAL NO. 2502 OF 2016 (CPC)

                   BETWEEN:

                   1.    SRI. K.V.NAGARAJ
                         S/O LATE K.H.VEERCHANNAPPA,
                         AGED ABOUT 41 YEARS,
                         RESIDING AT NO.101,
                         KENGERI, MYSORE ROAD,
                         BANGALORE-560060.
                                                                ...APPELLANT

                         (BY SRI. B.N.PUTTALINGAIAH, ADVOCATE [ABSENT))

                   AND:

                   1.    SRI. B.N.SHIVALINGAMURTHY
                         S/O LATE B.V.NARAYANA,
                         AGED ABOUT 61 YEARS,
Digitally signed
by DEVIKA M              RESIDING AT NO.236,
Location: HIGH           6TH MAIN ROAD,
COURT OF                 KENGERI SATELLITE TOWN,
KARNATAKA
                         BANGALORE-560060.
                                                              ...RESPONDENT

                            (BY SRI. NARENDRA D.V.GOWDA, ADVOCATE)

                        THIS MFA IS FILED U/O 43, RULE 1(r) OF CPC, AGAINST
                   THE ORDER DATED 16.12.2015       PASSED ON IA NO.1 IN
                   O.S.NO.6298/2015 ON THE FILE OF THE 68TH ADDITIONAL
                   CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY,
                   REJECTING IA NO.1 FILED U/O 39, RULE 1 AND 2 OF CPC.
                                -2-
                                              NC: 2024:KHC:45916
                                            MFA No. 2502 of 2016




    THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:     HON'BLE MR JUSTICE H.P.SANDESH

                        ORAL JUDGMENT

Inspite of matter being listed for dismissal, learned

counsel for the appellant is absent. The counsel has also not

amended the cause title and not filed the amended cause title

vide order dated 05.11.2024.

2. It appears that the learned counsel for the appellant

is not interested in pursuing the matter.

Hence, in view of the order dated 05.11.2024, the appeal

is dismissed.

Sd/-

(H.P.SANDESH) JUDGE

ST