Mr Subhashchandra M Modi vs Sri Gurur P Manay
2024 Latest Caselaw 22801 Kant

Karnataka High Court

Mr Subhashchandra M Modi vs Sri Gurur P Manay on 9 September, 2024

                                     -1-
                                                   NC: 2024:KHC:36781
                                               MFA No. 9101 of 2017
                                           C/W MFA No. 9100 of 2017



               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                 DATED THIS THE 9TH DAY OF SEPTEMBER, 2024

                                   BEFORE
               THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
             MISCELLANEOUS FIRST APPEAL NO. 9101 OF 2017 (CPC)
                                    C/W
             MISCELLANEOUS FIRST APPEAL NO.9100 OF 2017 (CPC)


            IN MFA No. 9101/2017

            BETWEEN:

                MR. SUBHASHCHANDRA M MODI,
                S/O LATE MAHANTHAPPA C MODI,
                AGED ABOUT 62 YEARS,
                R/AT PADMABHUSHANA,
                DR. M.C. MODI HOSPITAL COMPOUND,
                WEST OF CHORD ROAD,
                MAHALAKSHMIPURAM,
                BENGALURU-560 086
Digitally                                                ...APPELLANT
signed by
SUVARNA T (BY SRI. RAJESWARA P.N., ADVOCATE)
Location: AND:
HIGH
COURT OF
KARNATAKA     SRI. GURUR P MANAY,
                S/O LATE B.R. PANDURANGA RAO,
                AGED ABOUT 43 YEARS,
                PROPRIETOR,
                M/S SAI ASSOCIATES SLN,
                REFRESHMENTS, SITUATED AT
                DR. M.C. MODI HOSPITAL COMPOUND,
                WEST OF CHORD ROAD,
                               -2-
                                           NC: 2024:KHC:36781
                                        MFA No. 9101 of 2017
                                    C/W MFA No. 9100 of 2017



    MAHALAKSHMIPURAM,
    BENGALURU-560 086
                                               ...RESPONDENT
(BY SRI. R.B. SADASIVAPPA, ADVOCATE FOR C/R)

       THIS MFA IS FILED UNDER ORDER XLIII RULE 1(r) OF
CPC 1908, AGAINST THE ORDER DATED 25.11.2017 PASSED
ON I.A.NO.2 IN O.S.NO.7623/2017 ON THE FILE OF THE XXXIII
ADDITIONAL     CITY   CIVIL   AND     SESSIONS    JUDGE     AT
BANGALORE CITY CCH-33, DISMISSING THE I.A.NO.2 FILED
UNDER ORDER 39 RULE 4 OF CPC.



IN MFA NO. 9100/2017

BETWEEN:

    MR. SUBHASHCHANDRA M MODI,
    S/O LATE MAHANTHAPPA C MODI,
    AGED ABOUT 62 YEARS,
    R/AT PADMABHUSHANA,
    DR. M.C. MODI HOSPITAL COMPOUND,
    WEST OF CHORD ROAD,
    MAHALAKSHMIPURAM,
    BENGALURU-560 086
                                             ...APPELLANT

(BY SRI. RAJESWARA P.N., ADVOCATE)

AND:

    SRI. GURUR P MANAY,
    S/O LATE B.R. PANDURANGA RAO,
    AGED ABOUT 43 YEARS,
    PROPRIETOR,
    M/S SAI ASSOCIATES SLN,
    REFRESHMENTS, SITUATED AT
                              -3-
                                          NC: 2024:KHC:36781
                                       MFA No. 9101 of 2017
                                   C/W MFA No. 9100 of 2017



    DR. M.C. MODI HOSPITAL COMPOUND,
    WEST OF CHORD ROAD,
    MAHALAKSHMIPURAM,
    BENGALURU-560 086
                                          ...RESPONDENT

(BY SRI. R.B. SADASIVAPPA, ADVOCATE FOR C/R)

         THIS MFA IS FILED    U/O.43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED 25.11.2017 PASSED ON IA
NO.1 IN O.S.NO.7623/2017 ON THE FILE OF THE XXXIII
ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU
CITY, ALLOWING IA NO.1 FILED U /O.39 RULE 1&2 R/W
SEC.151 OF CPC.


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

CORAM:     HON'BLE SMT. JUSTICE LALITHA KANNEGANTI


                     ORAL JUDGMENT

Learned counsel for the appellant submits that the suit

itself is disposed of and both the appeals have become

infructuous.

Accordingly, the appeals are dismissed as infructuous.

SD/-

(LALITHA KANNEGANTI) JUDGE

KA CT:SNN