Two incidental appeals challenging the disposal of an underlying suit were dismissed as having become infructuous due to the prior disposal of the main suit.
Dismissal of the two miscellaneous first appeals as infructuous.
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. 8167 of 2016 C/W MFA No.8168/2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI MISCELLANEOUS FIRST APPEAL NO. 8167 OF 2016 (CPC)
C/W
MISCELLANEOUS FIRST APPEAL NO.8168 OF 2016
IN M.F.A.No.8167/2016
BETWEEN:
…APPELLANT
(BY SRI.B.S.NAGARAJ., ADVOCATE)
AND:
Digitally signed by GURURAJ D Location: High Court Of Karnataka
…RESPONDENTS
(BY SRI.MANIAN K B S, ADVOCATE FOR C/R1 & R2; R3 IS SERVED AND UNREPRESENTED)
THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 08.11.2016 PASSED ON IA NO.1 IN O.S.NO.7209/14 ON THE FILE OF THE 39TH ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU, ALLOWING IA NO.1 FILED U/O.39 RULE 1&2 OF CPC.
IN M.F.A.No.8168/2016
BETWEEN:
MFA No. 8167 of 2016 C/W MFA No.8168/2016
NO.111, 2ND CROSS, NEAR MARAMMA TEMPLE, HALAGEVADERAHALLI VILLAGE, BANGALORE - 560 098. AND ALSO AT NO.164, 2ND CROSS, B.E.M.L.LAYOUT, RAJARAJESHWARINAGAR, BANGALORE – 560 098.
…APPELLANT
(BY SRI.B.S.NAGARAJ., ADVOCATE)
AND:
BOTH ARE RESIDENTS OF NO.86, FIRST FLOOR, 10TH CROSS, 1ST MAIN, MALLESHWARAM, BANGALORE - 560 003.
MFA No. 8167 of 2016 C/W MFA No.8168/2016
REPRESENTED BY ITS PRESIDENT SHANKAR BELLI.
…RESPONDENTS
(BY SRI. K B S MANIAN, ADVOCATE FOR C/R1 & R2)
THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 08.11.2016 PASSED ON IA NO.2 IN O.S.NO.7209/14 ON THE FILE OF THE 39TH ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU, DISMISSING IA NO.2 FILED U/O.39 RULE 1(a) OF CPC.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for appellant has filed a memo stating
that suit itself has been disposed of and hence, appeals have rendered infructuous.
Sd/JUDGE
MKM List No.: 1 Sl No.: 9
Mr. Srinivas G.
Mr. N. Ganesh
Mrs. Soujanya Ganesh
Remco (BHEL) House Building Co-Operative Society Ltd.
Ravi V Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
