The High Court of Karnataka dismissed a miscellaneous first appeal filed under Order 43 Rule 1(r) CPC as infructuous because the underlying suit was withdrawn and no advocate appeared for the appellant.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JUNE, 2022
BEFORE
THE HON’BLE MR.JUSTICE B.M.SHYAM PRASAD
MISCELLANEOUS FIRST APPEAL NO.1375/2018 (CPC)
BETWEEN:
M. R. KRISHNAPPA S/O LATE RAMEGOWDA, AGED ABOUT 58 YEARS R/AT NO.88/6, 3RD CROSS,CHELKERE KALYAN NAGAR, BANGALORE - 560 043.
... APPELLANT
(BY SRI. VINOD PRASAD, SRI. MANJUNATHA M.K AND SRI. SHIDARAYA M. KENDULI, ADVOCATES (ABSENT))
AND:
... RESPONDENTS
(BY SRI. VIJAYA KUMAR V, ADVOCATE FOR R1)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 16.11.2017 PASSED ON I.A. NO.1 IN O.S.NO. 928/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU RURAL, ALLOWING I.A. NO.1 FILED UNDER ORDER 39 RULE 1 & 2 OF CPC.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
It is seen from the details available on the website
that the suit in O.S. No.928/2016 on the file of the III Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru Rural, is disposed of as withdrawn by Order dated 08.02.2020.
None appeared for the appellant on the previous hearing date and none appears even today. It is obvious that the appeal is rendered infructuous, and therefore, the appeal is dismissed as having become infructuous.
SD/JUDGE
AN/-
M. R. Krishnappa
Sri. A J Jassawala
Sri B C Nanjunda Setty
Sri Gabriel
B.M. Shyam Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
