Appeal against an order deferring consideration of an interlocutory application in a 2016 suit; both sides stated the application was since decided on merits. The appeal was dismissed as infructuous and the trial court was directed to dispose of the suit within three months.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO.7320 OF 2017 (CPC)
BETWEEN:
H SHANKER SHETTY S/O RAJEEV SHETTY, AGED 60 YEARS NO.1, 7TH ‘A’ CROSS, GARDEN VILLAS, NAGARBHAVI MAIN ROAD, BENGALURU-560 072. …APPELLANT (BY SRI S SHAKER SHETTY, ADVOCATE) AND:
Digitally signed VIJAYANAGAR CLUB by DEVIKA M A SOCIETY REGISTERED UNDER Location: HIGH THE SOCIETIES REGISTRATION ACT COURT OF KARNATAKA HAVING ITS REGISTERED OFFICE AT NO.1-4, I MAIN, II STAGE, VIJAYANAGAR, BENGALURU-560 104 REP. BY ITS PRESIDENT.
…RESPONDENT
(BY SRI PUNEETH K, ADVOCATE)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 12.08.2017 PASSED ON I.A.NO.2 IN O.S.NO.8113/2016 ON THE FILE
OF THE 55th ADDITIONAL CITY CIVIL AND SESSION JUDGE AT BANGALORE (CCH-56) AND ETC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.P.SANDESH
ORAL JUDGMENT
Heard the learned counsel appearing for the respective parties and perused the order dated 12.08.2017 wherein it discloses that only consideration of application is deferred and there is no order on the application.
Today, the learned counsel appearing for the respective parties submit that already, IA has been considered on merits and hence, the present appeal does not survive for consideration. In view of the said submission, the appeal is dismissed as having become infructuous.
NC: 2024:KHC:46821 MFA No. 7320 of 2017
submit that now the case is set down for defendant’s evidence. When such submission is made, it is appropriate
to direct the Trial Court to dispose of the matter within a
period of three months from today.
any, does not survive for consideration and the same stands disposed of.
Sd/(H.P.SANDESH) JUDGE
SN
1 provisions across 1 enactments
H Shanker Shetty
Vijayanagar Club Society Registered under the Societies Registration Act
H.P. Sandesh
As recorded by the court registry
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