Dismissed¶56

R. Narayan Prasad v. B. B. Ramaswamy Gowda

Karnataka HC3 Jul 2026MFA/2573/2022

Case brief

AI extract

What is this about?

Appeals dismissed as infructuous; suit dismissed for non-prosecution during pendency of appeal; memo taken on record; Order 43 Rule 1(r) CPC; Section 104 CPC; Order 39 Rules 1 and 2 r/w Section 151 CPC; Order 39 Rule 1(a); interim injunction; O.S.No.3043/2016; O.S.No.35/2017; I Additional City Civil and Sessions Judge Bengaluru; High Court of Karnataka; Pradeep Singh Yerur; MFA No. 1308/2022; MFA No. 2573/2022; respondents B. B. Ramaswamy Gowda, A H Baghyalakshmi, T Vimalchand Bantiya, Bharat Petroleum Corporation Ltd.; no ruling on merits; no precedent discussed.

What did the court decide?

MFA No. 1308/2022 stands dismissed as having become infructuous, the appellant's memo recording the non-prosecution dismissal of the underlying suit O.S.No.3043/2016 having been taken on record. ¶56

R. Narayan Prasad Vs B. B. Ramaswamy Gowda — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:33486 MFA No. 1308 of 2022 C/W MFA No. 2573 of 2022

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF JULY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 1308 OF 2022 (CPC) C/W

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MISCELLANEOUS FIRST APPEAL NO. 2573 OF 2022

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IN MFA No. 1308/2022

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BETWEEN:

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R. NARAYAN PRASAD AGED ABOUT 72 YEARS S/O LATE V RANGAIAH RESIDING AT NO.1955 JUDICIAL LAYOUT 8^TH MAIN ROAD GKVK POST YELAHANKA BANGALORE - 560 065

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…APPELLANT

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(BY SRI. C M NAGABUSHANA.,ADVOCATE)

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Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA

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AND:

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B. B. RAMASWAMY GOWDA AGED ABOUT 70 YEARS S/O B BETTASWAMY GOWDA EX-MLA, KUNIGAL CONSTITUENCY RESIDIN GAT NO.780 II STAGE WEST OFF CHORD ROAD BASAVESHWARANAGAR BANGALORE - 560 086

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NC: 2026:KHC:33486 MFA No. 1308 of 2022 C/W MFA No. 2573 of 2022

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HC-KAR

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MRS A H BAGHYALAKSHMI AGED ABOUT 60 YEARS W/O SRI B B RAMASWAMY GOWDA RESIDING AT NO.780 II STAGE WEST OFF CHORD ROAD BASAVESHWARANAGAR BANGALORE - 560 08

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T VIMALCHAND BANTIYA AGED ABOUT 52 YEARS S/O MR A TEJRAJ NO.626, 13^TH CROSS 5^TH MAIN, M C LAYOUT VIJAYANAGAR, BENGALURU - 560 040

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…RESPONDENTS (BY SRI. SHARATH B GOGI.,ADVOCATE FOR R2 ON IA.NO.3)

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THIS MFA IS FILED UNDER SECTION 104 READ WITH ORDER 43, RULE 1(r) OF CPC, AGAINST THE ORDER DATED 30.11.2020 PASSED ON I.A. NO.1 IN O.S.NO. 3043/2016 ON THE FILE OF THE I ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH.NO.2), DISMISSING I.A. NO.1 AND 8 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC AND ALLOWING THE I.A.NO8 FILED UNDER ORDER 39 RULE 1(a).

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IN MFA NO. 2573/2022

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BETWEEN:

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R. NARAYAN PRASAD AGED ABOUT 72 YEARS S/O LATE V RANGAIAH RESIDING AT NO.1955 JUDICIAL LAYOUT 8^TH MAIN ROAD, GKVK POST, YELAHANKA, BANGALORE - 560 065

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...APPELLANT

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(BY SRI. C M NAGABUSHANA.,ADVOCATE)

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3 - NC: 2026:KHC:33486 MFA No. 1308 of 2022 C/W MFA No. 2573 of 2022

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HC-KAR

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AND:

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B. B. RAMASWAMY GOWDA AGED ABOUT 70 YEARS S/O B BETTASWAMY GOWDA EX-MLA, KUNIGAL CONSTITUENCY RESIDIN GAT NO.780 II STAGE WEST OFF CHORD ROAD BASAVESHWARANAGAR BANGALORE - 560 086

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MRS A H BAGHYALAKSHMI AGED ABOUT 60 YEARS W/O SRI B B RAMASWAMY GOWDA RESIDING AT NO.780 II STAGE WEST OFF CHORD ROAD BASAVESHWARANAGAR BANGALORE - 560 08

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BHARAT PETROLEUM CORPORATION LTD. A COMPANY INCORPORATED IN INDIA HAVING ITS REGISTERED OFFICE AT BHARAT BHAVAN 4 AND 6 CURRIMOBHY ROAD BALLARD ESTATE MUMBAI - 400 001 REPRESENTED BY ITS MANAGING DIRECTOR

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...RESPONDENTS

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(BY SRI. SHARATH S GOGI.,ADVOCATE FOR R2 ON IA)

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THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 30.11.2020 PASSED ON I.A. NO.3 IN O.S.NO.35/2017 ON THE FILE OF THE I ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH NO. 2), ALLOWING I.A. NO.3 FILED UNDER ORDER 39 RULE 1 (a) READ WITH SECTION 151 OF CPC.

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4 - NC: 2026:KHC:33486 MFA No. 1308 of 2022 C/W MFA No. 2573 of 2022

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HC-KAR

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THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

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ORAL JUDGMENT

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Learned counsel for appellant files a memo, which reads as under:

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"In MFA.No.1308/2022

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The Appellant submits that, the above appeal arises from the order by the Learned Judge and Trial Court in O.S.No.3043/2016 on the file of Additional City Civil and Sessions Judge, Bengaluru. During the pendency of the above appeal, the suit in O.S.No.3043/2016, has been dismissed for non prosecution vide order dated 16-11-2025. As such the present appeal does not survive for consideration.

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Wherefore the appellant humbly pray that, this Hon'ble Court be pleased to dismiss the above appeal, as having become infructuous in the interest of justice and equity.

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In MFA.No.2573/2022

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The Appellant submits that, the above appeal arises from the order by the Learned Judge and Trial Court in O.S.No.35/2017 on the file of Additional City Civil and Sessions Judge, Bengaluru. During the pendency of the above appeal, the suit in O.S.No.35/2017, has been dismissed for non prosecution

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5 - NC: 2026:KHC:33486 MFA No. 1308 of 2022 C/W MFA No. 2573 of 2022

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HC-KAR

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vide order dated 16-11-2024. As such the present appeal does not survive for consideration.

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Wherefore the appellant humbly pray that, this Hon'ble Court be pleased to dismiss the above appeal, as having become infructuous in the interest of justice and equity"

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2. Learned counsel for the appellant submits that

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the appeals may not survive for consideration, as it has

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become infructuous .

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