Appeal filed against dismissal of interim application. Court held appeal infructuous as main suit dismissed for non-prosecution and no application filed to recall that order. Appeal dismissed.
Appeal 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 24TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 6159 OF 2017 (CPC)
BETWEEN:
Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka
MS T KAVITHA D/O LATE THIRUVENGADAM AGED ABOUT 37 YEARS RESIDING AT AREA 2, STREET N.222 BUILDING NO.136, FLAT NO.09 SHARA COMPLEX BACKSIDE MAHABOULA , KUWAIT DULY REPRESENTED BY HER GPA HOLDER /MOTHER MRS MALLIKA ALIAS MALLIGA W/O LATE THIRUVENGADAM AGED ABOUT 62 YEARS RESIDING AT NO.173, ROAD STREET SAYANAPURAM, VELLORE TAMIL NADU STATE 631051 PRESENTLY AT BANGALORE …APPELLANT (BY SMT. A YOGASREE.,ADVOCATE)
AND:
MR SAGAR K R S/O MR KODANDARAMA AGED ABOUT 23 YEARS RESIDING AT NO.1836, 1ST MAIN ROAD GOVINDAPURA, ARABIC COLLEGE POST BANGALORE-560045.
…RESPONDENT
(BY SRI. VASANTH MADHAV S.,ADVOCATE FOR C/R)
THIS MFA IS FILED UNDER ORDER XLIII RULE 1(r) OF CPC, AGAINST THE ORDER DATED 17.07.2017 PASSED IN I.A.NO.1 IN OS.NO.349/2017 ON THE FILE OF THE XIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU [CCH-18], DISMISSING THE I.A. NO.1 IN OS.NO.349/2017 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
having become infructuous.
Sd/JUDGE
HA
List No.: 1 Sl No.: 31
MS T Kavitha
MR Sagar K R
H.T. Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
