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2025 DAILYLAW 72547 (KAR)

MR. S. SHIVASWAMY v. MR. NINGANA GOWDA HOSAMANI

MFA/4646/2018 · 2025-07-30

Hanchate Sanjeevkumar

Original Suitbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29446 MFA No. 4646 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 4646 OF 2018 (CPC) BETWEEN: 1. MR. S. SHIVASWAMY, AGED ABOUT 48 YEARS, SON OF SOMBAIAH, R/AT NO. 99, 6TH "B" CROSS, MARUTHI LAYOUT, VIRUPAKSHAPURA, KODIGEHALLI, BANGALORE-560 097. …APPELLANT (BY SRI. CHANDRAIAH H S.,ADVOCATE) AND: 1. MR. NINGANA GOWDA HOSAMANI, AGED ABOUT 58 YEARS, SON OF ADIVEPPA GOWDA HOSAMANI, NO.50, 1ST STAGE, POSTAL COLONY, SANJAYNAGAR, BANGALORE-560 050. 2. MR. P. C. CHOWDAPPA, AGED ABOUT 52 YEARS, SON OF LATE P. CHANDRASEKESHAVAPPA, NO.106, 4TH CROSS, 1ST STAGE, 2ND PHASE, MANJUNATHANAGAR, WEST OF CHORD ROAD, BANGALORE-560 010. 3. MR. C. V. SRINATH, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29446 MFA No. 4646 of 2018 AGED ABOUT 36 YEARS, SON OF MR. V. N. CHOWDAPPA, NO. 148, 9TH MAIN ROAD, KURUBARAHALLI, NEAR CANARA SCHOOL, J.C. NAGAR, MAHALAKSHMIPURAM POST, BANGALORE-560 086. 4. MRS. ZEENATHUNISA AGED ABOUT 46 YEARS, WIFE OF MR. RAFIQUE AHMED, NO.227, 14TH MAIN ROAD, GOKUL 1ST STAGE, 1ST PHASE, HMT LAYOUT, MATHIKERE, BANGALORE-560 054. …RESPONDENTS (BY SMT. UDITA RAMESH FOR C/R1.,ADVOCATE FOR C/R1) THIS MFA IS FILED U/O.43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 31.05.2018, PASSED ON IA.1 IN O.S. NO.403/2018, ON THE FILE OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-15), BENGALURU, REJECTING THE IA.1, FILED U/O.39 RULES 1 AND 2 OF CPC AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsels for both parties submits that, this appeal may be dismissed as the same has become infructuous. - 3 - HC-KAR NC: 2025:KHC:29446 MFA No. 4646 of 2018 2. Submission is taken on record. 3. Therefore, the above appeal is dismissed as having become infructuous. SD/- (HANCHATE SANJEEVKUMAR) JUDGE CH List No.: 2 Sl No.: 11