The High Court at Bengaluru disposed of a miscellaneous first appeal filed under Order 43 Rule 1(r) CPC as having become infructuous, reserving liberty to revive the appeal if the underlying suit is restored.
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.
MFA.NO.336/2021
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF OCTOBER, 2021
BEFORE
THE HON’BLE MRS JUSTICE K.S.MUDAGAL
MISCELLANEOUS FIRST APPEAL No.336/2021 (CPC)
BETWEEN:
MR. K.R. RAMESH S/O LATE K.H. RAMAKRISHNAPPA AGED ABOUT 46 YEARS RESIDING AT NO.38 1ST MAIN ROAD KENGERI SATELLITE TOWN OPPOSITE KABIR ASHRAM BENGALURU – 560 060 ... APPELLANT (BY SMT. NIDHI A. HANJI, ADV.)
AND:
MR. C. SAMPATRAJ S/O LATE SRI CHANDANMAL AGED ABOUT 66 YEARS RESIDING AT NO.17/1 “LEELA”, NORTH SQUARE ROAD LEFT CROSS, BASAVANAGUDI BENGALURU – 560 004 ... RESPONDENT
THIS MFA IS FILED UNDER ORDER XLIII RULE 1(r) OF CPC AGAINST THE ORDER DATED 03.08.2020 PASSED ON I.A.NO.1 IN O.S.NO.7844/2018 ON THE FILE OF THE XXVII ADDITIONAL CITY CIVIL JUDGE, BENGALURU CITY (CCH-9), ALLOWING THE I.A. FILED UNDER ORDER 39 RULES 1 AND 2 OF CPC.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
MFA.NO.336/2021
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JUDGMENT
Learned counsel for the appellant submits that the main suit out of which this appeal arises itself is dismissed on 08.04.2021 for non-prosecution and therefore, the appeal has become infructuous. She seeks liberty to revive the appeal in case the suit is restored.
Reserving the liberty sought, the appeal is
disposed of as having become infructuous.
Sd/JUDGE
KG
Mr. K.R. Ramesh
Mr. C. Sampatraj
K.S.Mudagal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
