The High Court of Karnataka dismissed the miscellaneous first appeal (MFA) filed under Order 43 Rule 1(r) of CPC as infructuous because the underlying suit had already been disposed of in the trial court.
The appeal was dismissed as infructuous due to the disposal of the underlying suit.
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. 7755 OF 2018 (CPC)
BETWEEN:
Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka
THE APPELLANTS ARE REPRESENTED BY MR. ANIRUDDHA MEHTA BEING THE DIRECTOR & AUTHORISED SIGNATORY OF APPELLANT NO.1 & 2 AND THE SOLE PROPRIETOR OF APPELLANT NO.3 AND 4
…APPELLANTS
(BY SRI. HIDAYATHULLA M H .,ADVOCATE FOR SRI. MOHANA C., ADVOCATE (ABSENT)
AND:
DELPHI-930, PRESTIGE ACROPOLIS HOSUR ROAD, BENGALURU-560 034.
NO.G-442, MEGADOOT PANAMPALLY NAGAR KOCHIN-682 036.
…RESPONDENTS
(NOTICE IS NOT ORDERED)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED: 04.01.2018 PASSED ON I.A.NOS.1 & 2 IN OS.NO.26414/2017 ON THE FILE OF THE XIII ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU, DISMISSING THE IA.NOS I & II FILED UNDER ORDER 39 RULE 1 & 2 R/W SECTION 151 OF CPC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
the suit itself has been disposed of. Hence, the present appeal does not survive for consideration and the same is liable to be dismissed as having become infructuous.
become infructuous.
All pending applications, if any, shall
disposed of.
Sd/JUDGE
DM
List No.: 2 Sl No.: 9
1 issue framed by the court
Whether the present appeal survives for consideration after the suit itself has been disposed of.
2 provisions across 2 enactments
M/S. NARANA CABLES & CHEMICALS PHARMACEUTICALS PVT LTD.
M/S. UMIYA HOLDING PVT. LTD.
UMIYA BUILDERS & DEVELOPERS
UMIYA SERVICES
MR. VIVEK VARMA
ATELIER D ARTS & ARCHITECTURE PVT. LTD.
H.T. NARENDRA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
