Smt Shubha V Dinesh vs Smt Bhagya
2025 Latest Caselaw 110 Kant

Karnataka High Court

Smt Shubha V Dinesh vs Smt Bhagya on 1 April, 2025

Author: Hanchate Sanjeevkumar

Bench: Hanchate Sanjeevkumar

                                                   -1-
                                                                NC: 2025:KHC:13670
                                                              MFA No. 8794 of 2023




                            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                 DATED THIS THE 1ST DAY OF APRIL, 2025

                                                 BEFORE
                            THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
                           MISCELLANEOUS FIRST APPEAL NO. 8794 OF 2023 (CPC)

                      BETWEEN:

                      1.    SMT SHUBHA V DINESH
                            WIFE OF SRI DINESH KUMAR,
                            AGED ABOUT 40 YEARS,
                            RESIDING AT NO 91,
                            SHIVRUDRAIAH LAYOUT,
                            GANIGARAPALYA,
                            100 FEET ROAD,
                            OFF KANAKAPURA ROAD,
                            BENGALURU - 560062

                      2.    SRI. SUDHEENDRA VAIDYA
                            SON OF LATE GURURAJA VAIDYA,
                            AGED ABOUT 46 YEARS,.
                            RESIDING AT ANANYA NILAYA,
                            1ST CROSS,
                            DA RA BENDRE NAGAR,
Digitally signed by         GUNDLUPET ,
RAMYA D
Location: HIGH              CHAMARAJNAGAR DISTRICT - 571111
COURT OF
KARNATAKA
                            REPRESENTED BY THEIR SPECIAL POWER OF ATTORNEY
                            HOLDER SMT. SHUBHA V DINESH,

                      3.    SMT. NAGARATHNA PADMANABHA RAO
                            WIFE OF PADMANABHA RAO,
                            AGED ABOUT 68 YEARS
                            RESIDING AT NO 03,
                            BLOCK A, CIL COLONY,
                            RMV EXTENSION II STAGE,
                            BENGALURU - 560094

                            REPRESENTED BY THEIR SPECIAL POWER OF ATTORNEY
                            HOLDER SMT. SHUBHA V DINESH,
                                   -2-
                                                   NC: 2025:KHC:13670
                                                 MFA No. 8794 of 2023




                                                            ...APPELLANTS
(BY SRI. C SHANKAR REDDY, ADVOCATE)
AND:

SMT BHAGYA
WIFE OF SRI SUBRAMANYA K.C,
AGED ABOUT 71 YEARS,
RESIDING AT NO 1322,
32ND F CROSS, 26TH MAIN,
4TH T BLOCK JAYANAGAR,
BENGALURU - 560041
                                                        ...RESPONDENT
       THIS MFA IS FILED U/O. 43 RULE 1(r) OF THE CPC, AGAINST
THE    ORDER      DT.    31.07.2023     PASSED     ON   IA     NO.1     IN
O.S.NO.2022/2022 ON THE FILE OF THE VI ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE, BENGALURU CITY, (CHH-11), REJECTING IA
NO.1 FILED U/O. 39 RULES 1 AND 2 R/W SEC.151 OF CPC, 1908.

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

CORAM:        HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR



                         ORAL JUDGMENT

1. Learned counsel for the appellants has filed memo

dated 01.04.2025 seeking to withdraw the appeal stating

that they have withdrawn the suit before the Trial Court

and the instant appeal has become infructuous.

NC: 2025:KHC:13670

2. Placing the memo on record, the appeal is

dismissed as having become infructuous.

SD/-

(HANCHATE SANJEEVKUMAR) JUDGE

NG

CT: SG