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2026 DAILYLAW 47801 (KAR)

M/S AEROWELD INDUSTRIES v. SRI ASHOK DWARKANATH

MFA/6110/2019 · 2026-01-27

Jyoti M

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:4215 MFA No. 6110 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M MISCELLANEOUS FIRST APPEAL NO. 6110 OF 2019 (CPC) BETWEEN: 1. M/S. AEROWELD INDUSTRIES B-9, HAL ANCILIARY INDUSTRIAL ESTATE BENGALURU-560 037 2. SMT. NIRMALA DAS W/O LATE KISHEN DAS AGED ABOUT 70 YEARS RESIDING AT NO.38, 11TH MAIN MALLESHWRAM BENGALURU-560 003 3. SMT. VASUNDARA DAS D/O LATE KISHEN DAS AGED ABOUT 40 YEARS RESIDING AT NO.38, 11TH MAIN MALLESHWARAM BENGALURU-560 003 …APPELLANTS (BY SRI. K.S. HARISH, ADVOCATE) [ABSENT] AND: 1. SRI. ASHOK DWARKANATH S/O LATE B.K. DWARKANATH AGED ABOUT 56 YEARS RESIDING AT NO.23 UMA VILAS, 1ST CROSS Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4215 MFA No. 6110 of 2019 MALLESHWARAM BENGALURU-560 003 2. SRI. CHAYA AJAY KUMAR D/O LATE B.K. DWARKANATH AGED ABOUT 48 YEARS RESIDING AT NO.23 UMA VILAS, 1ST CROSS MALLESHWARAM BENGALURU-560 003 3. SRI. SANTOSH DWARAKANATH S/O LATE B.K. DWARAKANATH AGED ABOUT 43 YEARS RESIDING AT NO.23 UMA VILAS, 1ST CROSS MALLESHWARAM BENGALURU-560 003 …RESPONDENTS (BY SMT. CHETHANA MANJUNATH, ADVOCATEF OR SRI. MANJUNATH B.S, ADVOCATE FOR C/R1 TO R3) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF THE CODE OF CIVIL PROCEDURE, 1908. THIS MISCELLANEOUS FIRST APPEAL IS LISTED FOR ADMISSION, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: - 3 - HC-KAR NC: 2026:KHC:4215 MFA No. 6110 of 2019 ORAL ORDER When the matter is called, there is no representation on behalf of the appellants, either personally or through video conferencing. Smt.Chethana Manjunath., counsel on behalf of Sri.Manjunath.B.S., for caveator/ respondents 1 to 3 has appeared in person and submits that the suit is decreed on 10.03.2023, hence, nothing survives for consideration in the present appeal. The appeal is filed to set aside the order dated:21.06.2019 passed by the XIX Additional City Civil Judge, Bengaluru on I.A.No.2 in O.S.No.4223/2018. 2. The Registry concerned has furnished the E-court status of O.S.No.4223/2018. A perusal of the same depicts that the suit has been disposed on 10.03.2023. Because of disposal of the main suit itself, the appeal does not survives for consideration. 3. Resultantly, the appeal is disposed of. - 4 - HC-KAR NC: 2026:KHC:4215 MFA No. 6110 of 2019 Because of disposal of the appeal, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of. Sd/- (JYOTI M) JUDGE MRP List No.: 1 Sl No.: 36