Shri Venkata Muni vs Shri S Prabhu
2021 Latest Caselaw 5234 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 1ST DAY OF DECEMBER, 2021

                        BEFORE

          THE HON'BLE MR. JUSTICE R. NATARAJ

     MISCELLANEOUS SECOND APPEAL NO.63 OF 2018

BETWEEN:

1.     SHRI. VENKATA MUNI,
       S/O GANGULAPPA,
       AGED ABOUT 51 YEARS,

2.     SMT. KANTHAMMA,
       W/O SHRI. VENKATA MUNI,
       AGED ABOUT 46 YEARS,

3.     SHRI. ASHOK,
       S/O VENKATA MUNI,
       AGED ABOUT 33 YEARS,

4.     SHRI. HARISH,
       S/O VENKATA MUNI,
       AGED ABOUT 31 YEARS,

5.     SMT. MUNIYAMMA,
       W/O GANGULAPPA,
       AGED ABOUT 71 YEARS,

6.     SHRI. ANANTHA,
       S/O GANGULAPPA,
       AGED ABOUT 44 YEARS,

      ALL R/AT GHATTAMADA MANGALA VILLAGE,
      ROBERTSONPET HOBLI,
      BANGARPET TALUK,
      KOLAR DISTRICT.
                                          ...APPELLANTS
(BY SRI. SHIVASHANKAR S.K., ADVOCATE)
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AND:

1.     SHRI. S. PRABHU,
       S/O SUBRAMANIYAM,
       AGED ABOUT 54 YEARS,
       R/AT NO.52/4,
       2ND CROSS ROAD,
       ROBERTSONPET,
       K.G.F.

2.     SHRI. MUNIYAPPA,
       S/O GANGULAPPA,
       AGED ABOUT 47 YEARS,

3.     SMT. MUNIVENKATAMMA,
       W/O NEERAGANTI MUNISWAMY,
       AGED ABOUT 62 YEARS,

4.     SHRI. NARAYANAPPA,
       S/O. MUNIYAPPA,
       AGED ABOUT 52 YEARS,

       RESPONDENTS NO.2 TO 4
       R/AT GATTAMADAMANGALA VILLAGE,
       ROBERTSONPET HOBLI,
       BANGARPET TALUK.
                                        ...RESPONDENTS
(BY SRI.JAVEED S., ADVOCATE)


     THIS MSA IS FILED AGAINST THE ORDER PASSED BY
SENIOR CIVIL JUDGE AND PRL. JMFC, KGF IN MA.NO.15/2017
DATED 4.6.2018 ALLOWING THE APPEAL AND SETTING ASIDE
THE ORDER DATED 01.08.2017 ON I.A.NO.1 FILED UNDER
ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC., IN
O.S.NO.234/2016 ON THE FILE OF THE ADDITIONAL CIVIL
JUDGE AND JMFC, K.G.F, MAY NOT BE MAINTAINABLE IN VIEW
OF ORDER 43 RULE 1(U) OF CPC, .


     THIS MSA COMING ON FOR ORDER THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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                       JUDGMENT

A memo is filed by the learned counsel for the

appellants to withdraw the appeal seeking liberty to file

appropriate petition challenging the impugned order.

2. The said memo is placed on record.

3. Accordingly, the appeal is dismissed as

withdrawn. However, the appellants are at liberty to file

such other proceedings as they may be advised.

Office is directed to return the certified copy of the

impugned order after collecting an authenticated copy.

Sd/-

JUDGE NR/NM