H Shanker Shetty vs Vijayanagar Club
2024 Latest Caselaw 27650 Kant

Karnataka High Court

H Shanker Shetty vs Vijayanagar Club on 19 November, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                           -1-
                                                        NC: 2024:KHC:46821
                                                     MFA No. 7320 of 2017




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 19TH DAY OF NOVEMBER, 2024

                                        BEFORE

                          THE HON'BLE MR JUSTICE H.P.SANDESH

                   MISCELLANEOUS FIRST APPEAL NO.7320 OF 2017 (CPC)

                   BETWEEN:

                   H SHANKER SHETTY
                   S/O RAJEEV SHETTY,
                   AGED 60 YEARS
                   NO.1, 7TH 'A' CROSS,
                   GARDEN VILLAS,
                   NAGARBHAVI MAIN ROAD,
                   BENGALURU-560 072.
                                                             ...APPELLANT
                   (BY SRI S SHAKER SHETTY, ADVOCATE)
                   AND:

Digitally signed   VIJAYANAGAR CLUB
by DEVIKA M        A SOCIETY REGISTERED UNDER
Location: HIGH
COURT OF           THE SOCIETIES REGISTRATION ACT
KARNATAKA          HAVING ITS REGISTERED OFFICE AT
                   NO.1-4, I MAIN, II STAGE,
                   VIJAYANAGAR,
                   BENGALURU-560 104
                   REP. BY ITS PRESIDENT.
                                                           ...RESPONDENT
                   (BY SRI PUNEETH K, ADVOCATE)


                       THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF
                   THE CPC, AGAINST THE ORDER DATED 12.08.2017
                   PASSED ON I.A.NO.2 IN O.S.NO.8113/2016 ON THE FILE
                              -2-
                                         NC: 2024:KHC:46821
                                       MFA No. 7320 of 2017




OF THE 55th ADDITIONAL CITY CIVIL AND SESSION
JUDGE AT BANGALORE (CCH-56) AND ETC.

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

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


                    ORAL JUDGMENT

Heard the learned counsel appearing for the

respective parties and perused the order dated 12.08.2017

wherein it discloses that only consideration of application

is deferred and there is no order on the application.

Today, the learned counsel appearing for the respective

parties submit that already, IA has been considered on

merits and hence, the present appeal does not survive for

consideration. In view of the said submission, the appeal

is dismissed as having become infructuous.

2. The learned counsel for the appellant requested

this Court to give a direction to the Trial Court to dispose

of the matter at the earliest since the suit of the year

2016. The learned counsel for the respective parties

NC: 2024:KHC:46821

submit that now the case is set down for defendant's

evidence. When such submission is made, it is appropriate

to direct the Trial Court to dispose of the matter within a

period of three months from today.

3. In view of dismissal of the main appeal, I.A. if

any, does not survive for consideration and the same

stands disposed of.

Sd/-

(H.P.SANDESH) JUDGE

SN