This miscellaneous first appeal was against an order dismissing an interim application under CPC Order 39 Rules 1 and 2. On admission, the court noted the suit had been withdrawn and dismissed the appeal as not pressed without substantive argument.
Appeal dismissed as not pressed; memorandum of withdrawal of suit taken on record.
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 4TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 3015 OF 2022 (CPC)
BETWEEN:
SRI. MUNIRAJU. R AGED ABOUT 45 YEARS S/O LATE P RAMASWAMY NO.2, 1ST CROSS, ROSE GARDEN KOTHNURDINEE, BENGALURU-560078
…APPELLANT
(BY SRI. K V SHYAMAPRASADA., ADVOCATE)
AND:
SRI. RAJANNA. P AGED ABOUT 66 YEARS S/O LATE PAPANNA 2ND CROSS, ROSE GARDEN KOTHNURDINEE, BENGALURU-560078
Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka
…RESPONDENT (BY SRI. PRAKASH TIMMANNA HEBBAR.,ADVOCATE) THIS MFA IS FILED UNDER ORDER.43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED:19.03.2022 PASSED ON IA NO.1/2021 IN O.S.NO.26451/2021 ON THE FILE OF THE 26TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL, BENGALURU, (CCH-20), DISMISSING IA NO.1/2021 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2023:KHC:43544 MFA No. 3015 of 2022
JUDGMENT
the present appeal does not survive.
not pressed.
Sd/JUDGE
HA
List No.: 2 Sl No.: 65
2 issues framed by the court
Whether the appeal survives given the withdrawal of the suit by the plaintiff?
Whether the appeal should be allowed, dismissed, or adjourned given the lack of pressing?
5 provisions across 1 enactments
Sri. Muniraju. R
Sri. Rajanna. P
H.T. Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
