Smt Padma vs Sri Uggappa
2021 Latest Caselaw 398 Kant

                          1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 7TH DAY OF JANUARY, 2021

                       BEFORE

     THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

              M.F.A.NO.2135 OF 2019(CPC)

BETWEEN

1.    SMT PADMA
      D/O LATE SEETHARAMAIAH @ LATE LAKSHMIDEVAMMA
      W/O SRI NARAYANAPPA
      AGED ABOUT 60 YEARS
      R/AT NO.193 MANCHANABELE
      PUNARVASATHI COLONY
      KADABAGERE,BENGALURU-562 130
      BENGALURU NORTH TALUK

2.    SMT SUSHEELAMMA
      AGED ABOUT 61 YEARS
      D/O LATE NARASIMHAIAH @ DODDA NARASIMHAIAH
      @ DODDA NARASIMHAIAH
      W/O LATE SEETHARAMAIAH
      R/AT NO.193 MANCHANABELE PUNARVASATHI COLONY
      KADABAGERE , BENGALURU-562 130
      BENGALURU NORTH TALUK
                                          ...APPELLANTS
(BY SRI. V.R. PRASANNA, ADVOCATE)

AND

1.    SRI UGGAPPA
      AGED ABOUT 81 YEARS
      S/O LATE NARASIMHAIAH @ DODDA NARASIMHAIAH
      R/AT NO.611, MANCHANABELE
      PUNARVASATHI COLONY, KADABAGERE
      BENGALURU-562 130, BENGALURU NORTH TALUK
                              2



2.   SRI NARAYANAPPA
     AGED ABOUT 73 YEARS
     S/O LATE NARASIMHAIAH @ DODDA NARASIMHAIAH
     R/AT MANCHANABELE , PUNARVASATHI COLONY
     KADABAGERE , BENGALURU-562 130
     BENGALURU NORTH TALUK

3.   SMT JAYAMMA
     AGED ABOUT 63 YEARS
     D/O LATE NARASIMHAIAH @ DODDA NARASIMHAIAH
     W/O LATE MUNIRAJAPPA
     R/AT MANCHANABELE
     PUNARVASATHI COLONY
     KADABAGERE BENGALURU-562 130
     BENGALURU NORTH TALUK

4.   SRI H V SRINIVASAIAH
     AGED ABOUT 58 YEARS
     S/O SRI HULLURAIAH
     R/AT NO.79, 2ND CORSS
     GOVINDARAJANAGAR
     MAGADI MAIN ROAD
     BENGALURU-560 040

5.   SMT JAYAMMA
     AGE MAJOR
     W/O LATE RAMANNA
     R/AT AMRUTHUR VILALGE
     KUNIGAL TALUK
     TUMKUR DISTRICT-572 130

6.   SRI R GOPALAKRISHNA
     AGED ABOUT 58 YEARS
     S/O SRI D RANGASWAMY
     R/AT NO.907, 2ND MAIN ROAD
     GOKUL EXTENSION
     BENGALURU-560 054

7.   SMT GANGAMMA
     AGED ABOUT 51 YEARS
     D/O SRI MUDDULINGAIAH
     R/AT PUTTANNAPALYA
     AMRUTHUR HOBLI
     KUNIGAL TALUK
     TUMKUR DISRICT-572 130
                            3




8.     SRI K RAMESH
       AGED ABOUT 56 YEARS
       S/O SRI KALEGOWDA
       R/AT C/O SIDDEGOWDA
       NO.96, 6TH MAIN ROAD
       PIPELINE, ASHWATHAPPA GARDEN
       KASTURBANAGAR
       MYSORE ROAD
       BENGALURU-560 026

9.     SMT SARASWATHI
       AGED ABOUT 55 YEARS
       D/O SRI SOORACHAR H
       R/AT NO.541, 15TH MAIN ROAD
       3RD STAGE, WEST OF CHORD ROAD
       BENGALURU-560 079

10 .    SMT C N MANJULA
       AGED ABOUT 55 YEARS
       D/O SRICHIKKANANJAPPA
       W/O SRI NANJEGOWDA
       R/AT NO.5, 3RD BLOCK
       3RD STAGE, BASAVESHWARANAGAR
       WEST OF CHORD ROAD
       BENGALURU-560 079

11 .   SRI GOVINDARAJU
       AGED ABOUT 45 YEARS
       S/O LATE SEETHARAMAIAH @ LAKSHMIDEVAMMA
       R/AT MANCHANABELE
       PUNARVASATHI COLONY
       BENGALURU-562 130
       BENGALURU NORTH TALUK

12 .   SMT NANJAMMA
       AGED ABOUT 54 YEARS
       S/O LATE NARSIMAHAIAH @ DODDA NARASIMHAIAH
       W/O SRI LAKSHMANA MURTHAPPA
       R/AT MANCHANABELE COLONY
       BENGALURU NORTH TALUK

                                         ...RESPONDENTS
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      THIS APPEAL IS FILED UNDER ORDER RULE 1 (r) OR CPC,
AGAINST THE ORDER DATED: 01.03.2016, PASSED ON I.A.NO.1, IN
O.S. NO. 398/2013, ON THE FILE OF THE SENIOR CIVIL JUDGE,
NELAMANGALA, REJECTING THE I.A.NO. 1 FILED UNDER ORDER 39
RULE 1 AND 2 R/W. SECTION 151 OF CPC AND ETC.

     THIS APPEAL COMING ON FOR COURT THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                        JUDGMENT

Learned counsel for the appellants submits that the suit

out of which the present appeal arises has been disposed off

and consequently, the appeal has been rendered infructuous.

2. The said submission is placed on record.

3. Accordingly, the appeal is dismissed as having

become infructuous.

Sd/-

JUDGE

Bmc