Venkatesh vs Thimmaiah Dead By Lrs
2022 Latest Caselaw 10813 Kant

                            -1-



        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 14TH DAY OF JULY, 2022

                          BEFORE

         THE HON'BLE MR.JUSTICE B.M.SHYAM PRASAD

       MISCELLANEOUS FIRST APPEAL NO.3223/2015 (CPC)

BETWEEN:

1.     VENKATESH
       S/O SANNAPPA
       AGED ABOUT 60 YEARAS,
       R/O KADEMANUGANAHALLI VILLAGE,
       (BEKKESHEDDU) HANAGODU HOBLI,
       HUNSUR TALUK - 571 105.

2.     SUBBAMMA,
       W/O RAJU,
       AGED ABOUT 48 YEARS,
       R/O PANCHAVALLI VILLAGE,
       PERIYAPATTNA TALUK - 571 107.

3.     SHIVANNA
       S/O LATE SANNAPPA,
       AGED ABOUT 48 YEARS,
       R/O MALAGANAKERE VILLAGE,
       RAVANDUR HOBLI
       PERIYAPATTANNA TALUK - 571 107.
                                          ... APPELLANTS


(BY SRI. G.M. CHANDRASHEKAR, ADVOCATE FOR
    SMT. KAVITHA H C, ADVOCATE)

AND:

1.     THIMMAIAH DEAD BY LRS
                         -2-



1a.   DEVAMMA,
      W/O LATE KARIYAPPAA,
      AGED ABOUWWT 67 YEARS,
      R/AT MALAGANAKERE VILLAGE,
      RAVANDUR HOLBI,
      PERIYAPATNA TALUK,
      PIN CODE - 571 107.

1b.   KAMALAMMA,
      W/O SANNAHYADA,
      AGED ABOUT 63 YEARS,
      R/O CHIKKAMAGALAGOMALA VILLAGE,
      KASABA HOBLI,
      PRIYAPATTNA TALUK,
      PIN CODE - 571 107.

1c.   THAYAMMA,
      W/O PUTTAIAH,
      AGED ABOUT 53 YEARS,
      R/O AGRAHARA VILLAGE,
      GAVADAGERE HOBLI,
      HUNSUR TALUK,
      PIN CODE - 571 105.

2.    KARIYAPPA,
      S/O THIMMAIAH,
      AGED ABOUT 58 YEARS,

3.    JAVARAPPA,
      S/O THIMMAIAH,
      AGED ABOUT 48 YEARS,


4.    DEVAMMA,
      D/O LATE KALAIAH,
      AGED ABOUT 48 YEARS,

5.    SANNASWAMY
      S/O LATE KALAIAH,
      AGED ABOUT 53 YEARS,
                           -3-




6.   KARIYAIAH,
     S/O LATE KALAIAH,
     AGED ABOUT 50 YEARS,

7.   CHANDRA,
     S/O LATE KALAIAH,
     AGED ABOUT 48 YEARS,

     APPELLANT NO.2 TO 7 ARE
     R/O MALAGANAKERE VILLAGE,
     RAVANDUR HOLBI,
     PRIYAPATTANA HOBLI,
     PIN CODE - 571 107.
                                   ... RESPONDENTS
(BY SRI. P D SUBRAMANYA, ADVOCATE FOR R1 (a) to (c)
     AND R3 TO R7;
 R2 IS SERVED - UNREPRESENTED)


     THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER ORDER 43, RULE 1(r) OF CPC, AGAINST THE
ORDER DATED10.12.2014 PASSED ON IA NO.3 IN
R.A.NO.363/2013 ON THE FILE OF THE PRINCIPAL
DISTRICT & SESSIONS JUDGE, MYSORE, ALLOWING IA
NO.3 FILED U/O 39, RULE 1 & 2 OF CPC.


     THIS MISCELLANEOUS FIRST APPEAL COMING ON
FOR FURTHER ORDERS THIS DAY, THE COURT
DELIVERED THE FOLLOWING:


                       JUDGMENT

It is submitted on behalf of the learned counsel for

the appellants that the appeal is rendered infructuous

because the first appeal in RA No.363/2013 is disposed

of in the year 2016. The appeal must be dismissed

accordingly and it stands dismissed.

SD/-

JUDGE

SA Ct:sr