Karnataka High Court
MFA/6466/2019 of SHRI. SUBHASHCHANDRA MODI Vs SMT. BHAGYALAKSHMI on 22 September 2026
CNR: KAHC010240972019 NC: 2026:KHC:52321 MFA No. 6466 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 6466 OF 2019 (CPC) BETWEEN: SHRI. SUBHASHCHANDRA MODI AGED
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
MISCELLANEOUS FIRST APPEAL NO. 6466 OF 2019 (CPC)
BETWEEN:
SHRI. SUBHASHCHANDRA MODI
AGED ABOUT 64 YEARS
S/O MAHANTHAPPA MODI
R/AT NO.700/2, M C MODI ROAD
MODI HOSPITAL BUILDING
MAHALAKSHMIPURAM
BANGALORE - 560 086
ALSO AT MODI MOTORS
NO.869/1 AND 2, P.B. ROAD,
DAVANAGERE - 577 006
…APPELLANT
(BY SRI. GANGADHARA D.C., ADVOCATE)
AND:
1.
SMT. BHAGYALAKSHMI
W/O M. SRINIVAS
AGED ABOUT 51 YEARS
REISDING AT NO.223
1ST FLOOR, 3RD MAIN
8TH CROSS, 1ST STAGE
5TH PHASE, MAHAGANAPTHINAGAR
BANGALORE - 560 010
Digitally
signed by
VINUTHA M
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
2.
MR S PREETHAM
AGED ABOUT 26 YEARS
S/O M SRINIVAS
RESIDING AT NO.223, 1ST FLOOR
3RD MAIN, 8TH CROSS
1ST STAGE, 5TH PHASE
MAHAGANAPATHINAGAR
BANGALORE - 560 010
3.
MISS PRIYANKA
AGED ABOUT 29 YEARS
D/O M SRINIVAS
RESIDING AT NO.223, 1ST FLOOR,
3RD MAIN, 8TH CROSS
1ST STAGE, 5TH PHASE
MAHAGANAPATHINAGAR
BANGALORE - 560 010
4.
MR M SRINIVAS
S/O MUNITHIMMANNA
AGED ABOUT 59 YEARS
RESIDING AT NO.223, 1ST FLOOR
3RD MAIN, 8TH CROSS
1ST STAGE, 5TH PHASE
MAHAGANAPATHINAGAR
BANGLAORE - 560 010
…RESPONDENTS
(BY SRI. AJIT P.B., ADVOCATE FOR C/R1-R4)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, 1908, AGAINST THE ORDER DATED 15.07.2019 PASSED ON
I.A.NO.1 IN O.S.NO.2105/2016 ON THE FILE OF THE 55TH
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
HC-KAR
(CCH-56), DISMISSING I.A. NO.1 FILED UNDER ORDER 39
RULE 1 & 2 OF CPC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
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ORAL JUDGMENT
Learned counsel for the appellant is present and submits that the original suit proceedings have been dismissed before the trial Court.
2. In view of the same, the present appeal does not survive for consideration. Accordingly, the appeal is dismissed as having become infructuous.
Sd/- (PRADEEP SINGH YERUR) JUDGE
RCK, List No.: 1 Sl No.: 27