The appellant withdrew the suit pending before the trial court. Consequently, the first appeals filed under Order 43 Rule 1(r) of the CPC were dismissed as infructuous.
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NC: 2024:KHC-D:14971 MFA No. 101142 of 2024 C/W MFA No. 101145 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 16TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO.101142 OF 2024 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO.101145 OF 2024
IN MFA.NO.101142/2024:
BETWEEN:
SRI SHATASTHALA BRAHMA CHANNABASAVESHWARA SHIVACHARYA SWAMIGALU GANGIBHAVI, AGED ABOUT 45 YEARS, OCC: DHARMOPADESHA, R/AT: GANGIBHAVI MATH, HOSUR – 581 205, TQ: SHIGGAON, DIST: HAVERI.
…APPELLANT
(BY SRI MRUTYUNJAY TATA BANGI, ADVOCATE)
AND:
Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka
…RESPONDENTS
(BY SRI Y.R.JOGI, ADVOCATE FOR R1 AND R2)
NC: 2024:KHC-D:14971 MFA No. 101142 of 2024 C/W MFA No. 101145 of 2024
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(R) OF THE CODE OF CIVIL PROCEDURE, PRAYING TO, ALLOW THIS APPEAL AND SET ASIDE THE ORDER DATED 12.03.2024 ON I.A. NO. IV PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, HAVERI, IN O.S NO.02/2022, IN THE INTEREST OF JUSTICE AND ETC.,
IN MFA.NO.101145/2024:
BETWEEN:
SRI SHATASTHALA BRAHMA CHANNABASAVESHWARA SHIVACHARYA SWAMIGALU GANGIBHAVI, AGED ABOUT 45 YEARS, OCC: DHARMOPADESHA, R/AT: GANGIBHAVI MATH, HOSUR, TQ: SHIGGAON, DIST: HAVERI – 581 205.
…APPELLANT
(BY SRI MRUTYUNJAY TATA BANGI, ADVOCATE)
AND:
…RESPONDENTS
(BY SRI Y.R.JOGI, ADVOCATE FOR R1 AND R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(R) OF THE CODE OF CIVIL PROCEDURE, PRAYING TO, ALLOW THIS APPEAL AND SET ASIDE THE ORDER DATED 02.01.2023 ON I.A. NO. I PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, HAVERI, IN O.S NO. 02/2022 AND ALLOW THE APPLICATION BY ALLOWING THE PRESENT APPEAL IN THE INTEREST OF JUSTICE AND ETC.,
NC: 2024:KHC-D:14971 MFA No. 101142 of 2024 C/W MFA No. 101145 of 2024
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
Learned counsel for the appellant has filed a memo dated 14.10.2024 placing on record that the appellant/plaintiff has withdrawn the suit pending before the Trial Court.
The memo is placed on record and the appeals are
dismissed as having become infructuous.
Sd/(C.M. POONACHA) JUDGE
VB CT-ASC List No.: 1 Sl No.: 21
1 issue framed by the court
Whether the first appeals under Order 43 Rule 1(r) CPC should be maintained in light of the withdrawal of the suit by the appellant at the trial court level?
1 provisions across 1 enactments
Sri Shatasthala Brahma Channabasaveswara Shivacharya Swamigalu Gangibhavi
Sri Gangibhavi Sukshetra Matha Registered Public Trust
Sri Siddalingaswamy Panchaksharayya Galimath Urf Sri Rajaguru Shivayogi Siddalinga Swamigalu
C.M. Poonacha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
