The appellant sought permission to withdraw a Miscellaneous First Appeal filed against an interim order, noting that the underlying suit and regular first appeal had been dismissed. The Court held the appeal had become infructuous and permitted withdrawal.
Appeal dismissed as withdrawn.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO.6338 OF 2019 (CPC)
BETWEEN:
PRASHANTH BABU. R SON OF LATE RAMAIAH, AGED ABOUT 35 YEARS, RESIDENT OF NO.100, 12TH MAIN ROAD, RAMAIAH LAYOUT, BSK 3RD STAGE, HOSAKEREHALLI, BANGALORE-560 085.
…APPELLANT
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
(BY SRI D P MAHESH, ADVOCATE) AND:
NC: 2024:KHC:46218 MFA No. 6338 of 2019
AGED ABOUT 72 YEARS, RESIDING AT MALLATHALLI VILLAGE, YESHWANTHPURA HOBLI, BANGALORE NORTH TALUK.
…RESPONDENTS
(BY SRI NISHANTH A V, ADVOCATE FOR C/R1; NOTICE NOT ORDERED TO R2)
THIS MFA IS FILED U/O. 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 02.07.2019 PASSED ON IA.NO.1, IN O.S. NO.3967/2018 ON THE FILE OF THE XXXIII ADDITIONA CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.P.SANDESH
ORAL ORDER
The learned counsel for the appellant filed a memo seeking permission of this Court to withdraw the appeal on the ground that the suit has been dismissed and RFA also dismissed. In view of the disposal of the original suit and regular first appeal, the present appeal against the interim
order does not survive for consideration and the said appeal has become infructuous. In view of the said memo, the learned counsel for the appellant is permitted to withdraw the appeal. Accordingly, the appeal is dismissed as withdrawn.
Sd/(H.P.SANDESH) JUDGE
SN
1 issue framed by the court
Whether the first appeal against an interim order survives when the suit and regular first appeal have been dismissed?
1 provisions across 1 enactments
PRASHANTH BABU R
SMT. SUJATHA PRABHAKAR
SRI. KEMPAIAH S/O LATE MUNIHANUMAIAH
H.P.SANDESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
