This court dismissed the miscellaneous first appeal as withdrawn following the death of one appellant and the voluntary withdrawal by the others, without substantive adjudication.
Appeal dismissed as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
M.F.A.NO.1667/2019
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF DECEMBER 2021
BEFORE
THE HON’BLE MRS JUSTICE K.S.MUDAGAL
MISCELLANEOUS FIRST APPEAL NO.1667/2019(CPC)
BETWEEN:
(BY SMT.S.B.LAKSHMI, ADV.)
M.F.A.NO.1667/2019
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AND:
THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF CPC, PRAYING TO SET ASIDE ORDER DATED 20.11.2018 PASSED ON IA.NO.I IN O.S.NO.8055/2018, ON THE FILE OF THE XXIX ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY (CCH-30), DISMISSING THE IA NO.I FILED UNDER XXXIX RULE 1 AND 2 OF CPC.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
Learned Counsel for the appellants submits memo
that appellant No.3 died on 14.09.2019 and the other appellants do not press the appeal.
M.F.A.NO.1667/2019
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withdrawal of the appeal, the appeal against appellant
Nos.1, 2 and 4 is dismissed as withdrawn.
Sd/JUDGE
pgg
2 issues framed by the court
Whether the miscellaneous first appeal warrants hearing given the withdrawal and abatement.
Whether the order of dismissal of the appeal as withdrawn needs adverse pronouncement.
Smt. Shanthi
Mr. Ravi Kumar
Smt. Shakuntalamma
Mr. Abdul Rehaman
The Commissioner, BBMP
Mr. Muneer Ahmed
K.S. Mudagal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
