Sri.V Balakrishna vs Sri. Gowriprasad H S
2025 Latest Caselaw 5638 Kant

Karnataka High Court

Sri.V Balakrishna vs Sri. Gowriprasad H S on 27 March, 2025

Author: Hanchate Sanjeevkumar

Bench: Hanchate Sanjeevkumar

                                                    -1-
                                                              NC: 2025:KHC:12943
                                                            MFA No. 5922 of 2017




                            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 27TH DAY OF MARCH, 2025

                                                  BEFORE
                        THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
                       MISCELLANEOUS FIRST APPEAL NO.5922 OF 2017 (CPC)
                       BETWEEN:

                       1.    SRI.V BALAKRISHNA
                             S/O LATE VENKATESHALU,
                             AGED ABOUT 58 YEARS,

                       2.    SMT.M.SUMALAKSHMI
                             W/O SRI. V.BALAKRISHNA,
                             AGED ABOUT 48 YEARS,

                             BOTH ARE RESIDING AT
                             NO.1237, I CROSS,
                             9TH MAIN, SRINIVASA NAGARA,
                             BSK 1ST STAGE,
                             BENGALURU - 560 050.
                                                                   ...APPELLANTS
                       (BY SRI. THIMMAIAH K.H., ADVOCATE)

Digitally signed by    AND:
LAKSHMINARAYAN N
Location: HIGH COURT
OF KARNATAKA
                       1.    SRI. GOWRIPRASAD H S
                             S/O SRI. SEENAPPA,
                             AGED ABOUT 48 YEARS,
                             R/AT NO.96, 4TH 'A' CROSS,
                             1ST MAIN ROAD, I BLOCK,
                             EAST JAYANAGARA,
                             BENGALURU - 560 011.
                                                                  ...RESPONDENT
                       (BY SRI. AFZAL KHAN.,ADVOCATE)
                               -2-
                                         NC: 2025:KHC:12943
                                     MFA No. 5922 of 2017




     THIS MFA IS FILED UNDER ORDER XLIII RULE 1(r) OF
CODE OF CIVIL PROCEDURE, AGAINST THE ORDER DATED
15.04.2017 PASSED ON I.A.NO.1 IN O.S.NO.6848/2016 ON
THE FILE OF THE LXI ADDITIONAL CITY CIVIL & SESSIONS
JUDGE, BENGALURU, DISMISSING I.A.NO.1 FILED U/O 39
RULE 1 & 2 OF CPC.

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

CORAM:    HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR


                         ORAL JUDGMENT

Learned counsel for the appellants submits that the

suit is decreed and therefore, the appeal has become

infructuous.

Placing the said submission on record, the appeal

stands dismissed as having become infructuous.

Sd/-

(HANCHATE SANJEEVKUMAR) JUDGE

SSD