Ramesh @ Java Ramesh @ Venkatesh D vs Smt Rajamma @ Rajamma Rajanna D

Type Court Judgment Court Karnataka Decided Jan 02, 2024

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https://sooperkanoon.com/case/1874632

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Citation: sooperkanoon.com/1874632
Court: Karnataka High Court
Judge: H.P.Sandesh
Decided On: Jan 02, 2024
Case Number: MFA/1774/2020

Parties & Advocates

Appellant / Petitioner

Ramesh @ Java Ramesh @ Venkatesh D

Respondent

Smt Rajamma @ Rajamma Rajanna D

Excerpt

.....order dated 15.02.2020 passed on i.a in o.s. no.25078/2020 on the file of the lxxiii additional city civil and sessions judge, mayohall unit, bengaluru (cch-74), allowing the ia filed by the plaintiff u/o.39 rule 1 and 2 of cpc and rejecting the ia filed u/o.39 rule 4 of cpc. this appeal coming on for orders this day, the court delivered the following:judgmentthis appeal is filed challenging the order dated 15.02.2020 passed on i.a filed under order 39 rule 1 and 2 and order 39 rule 4 of cpc in o.s.no.25078/2020 by the lxxiii addl. city civil and sessions judge, mayohall unit, bengaluru.2. heard the learned counsel appearing for the respective parties.3. learned counsel for appellant submits thatinitially the suit was dismissed for non prosecution. thereafter, the plaintiff has filed the miscellaneous petition for restoration and the same was heard before the trial court and reserved for orders. orders not yet passed. when the suit itself is not pending before the trial court, -3- the present appeal does not survive for consideration since this appeal is arising out of orders passed on ia's. subject to the result of order which is going to be passed in miscellaneous proceedings, if need arises, the appellant can revive this mfa. with this observation, mfa is disposed of. sd/- judge rhs list no.: 1 sl no.: 27

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JANUARY, 2024 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH MISCELLANEOUS FIRST APPEAL NO. 1774 OF 2020 (CPC) BETWEEN:
1. RAMESH @ JAVA RAMESH @ VENKATESH D., S/O LATE K.V.DEVARAJ AGED ABOUT 48 YEARS
2. SMT.MUNIRATHNAMMA W/O LATE K.V.DEVARAJ AGED ABOUT 65 YEARS BOTH ARE RESIDING AT NO.24, FIRST FLOOR, OLD NO.40 NEW No.68 DODDAIAH LAYOUT, JOGUPALYA MAIN ROAD, HALASURU, BENGALURU-560008. …APPELLANTS Digitally signed by SHARANYA T Location: HIGH (BY SRI S.KALYAN BASAVARAJ, ADVOCATE) COURT OF KARNATAKA AND:
1. SMT. RAJAMMA @ RAJAMMA RAJANNA D. AGE ABOUT 61 YEARS W/O LATE RAJANNA.D R/AT No.49 “G” STREET, ULSOOR, BANGALORE - 560008 …RESPONDENT (BY SRI M.D.RAGHUNATH, ADVOCATE) -2- THIS MFA IS FILED U/O.43 RULE 1(r) OF CPC, AGAINST
THE ORDER DATED 15.02.2020 PASSED ON I.A IN O.S. NO.25078/2020 ON THE FILE OF THE LXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYOHALL UNIT, BENGALURU (CCH-74), ALLOWING THE IA FILED BY THE PLAINTIFF U/O.39 RULE 1 AND 2 OF CPC AND REJECTING THE IA FILED U/O.39 RULE 4 OF CPC. THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

This appeal is filed challenging the order dated 15.02.2020 passed on I.A filed under Order 39 Rule 1 and 2 and Order 39 Rule 4 of CPC in O.S.No.25078/2020 by the LXXIII Addl. City Civil and Sessions Judge, Mayohall unit, Bengaluru.

2. Heard the learned counsel appearing for the respective parties.

3. Learned counsel for appellant submits that

initially the suit was dismissed for non prosecution. Thereafter, the plaintiff has filed the miscellaneous petition for restoration and the same was heard before the Trial Court and reserved for orders. Orders not yet passed. When the suit itself is not pending before the Trial Court, -3- the present appeal does not survive for consideration since this appeal is arising out of orders passed on IA's. Subject to the result of order which is going to be passed in miscellaneous proceedings, if need arises, the appellant can revive this MFA. With this observation, MFA is disposed of. Sd/- JUDGE RHS List No.: 1 Sl No.: 27

Same Court & Year Karnataka · 2024 Same Parties Ramesh @ Java Ramesh @ Venkatesh D vs Smt Rajamma @ Rajamma R... Same Judge H.P.Sandesh