This appeal was dismissed as infructuous on the ground that the underlying suit had been disposed of, rendering the present proceeding no longer tenable.
The appeal was dismissed 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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 1628 OF 2020 (CPC)
BETWEEN:
SRI GUNTIMADUGU VENKATESHWARLU S/O MR GUNTIMADUGU VENKATARAJU AGED ABOUT 63 YEARS R/AT NO 1138, 1ST FLOOR 20TH CROSS ROAD, A BLOCK SAHAKARA NAGAR, BENGALURU 560092
…APPELLANT
(BY SRI. HARISH KUMAR M.S.., ADVOCATE)
AND:
SRI B K HARSHA AGE 45 YEARS NO 214, G BLOCK, 10TH CROSS SAHAKARA NAGAR,BENGALURU-560092
Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka
…RESPONDENT
(BY SMT.KAMAKSHI B.S., ADVOCATE)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED: 31.01.2020 PASSED ON IA.NO.1, IN O.S. NO.5173/2019, ON THE FILE OF THE XLII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH.NO. 43), DISMISSING THE IA.NO.1 FILED UNDER ORDER 39, RULE 1 AND 2 READ WITH SECTION 151 OF CPC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2023:KHC:41569 MFA No. 1628 of 2020
JUDGMENT
submits that the suit filed by the plaintiff has been disposed of and hence, the present appeal does not survive for consideration and the same has become infructuous.
having become infructuous.
Sd/JUDGE
HA
List No.: 2 Sl No.: 46
1 issue framed by the court
Whether the appeal survives given that the underlying suit has been disposed of.
2 provisions across 1 enactments
SRI GUNTIMADUGU VENKATESHWARLU
SRI B K HARSHA
H.T. NARENDRA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
