Sri D S Suresh vs Sri D S Sudheer
2022 Latest Caselaw 8874 Kant

                               -1-



      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

            DATED THIS THE 15TH DAY OF JUNE, 2022

                           BEFORE

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

      MISCELLANEOUS FIRST APPEAL NO.166/2019 (CPC)

BETWEEN:
1.   SRI D S SURESH
     S/O LATE SRI SADASHIVA MURTHY,
     AGED JABOUT 57 YEARS,
     RESIDING AT DEVALAPURA VILLAGE,
     DEVALAPURA HOBLI,
     NAGAMANGALA TALUK,
     MANDYA DISTRICT 571 445.

2.   SRI D S SHANTHA RAJU
     S/O LATE SRI.SADASHIVA MURTHY,
     AGED ABOUT 51 YEARS,
     RESIDNG AT NO.1468, 2ND CROSS,
     JAINS COLONY, ASHOK NAGAR,
     MANDYA - 571 401.

3.   SMT D S SUNETHRA
     D/O LATE SRI SADASHIVA MURTHY,
     AGED ABOUT 54 YEARS,
     RESIDING AT NO.1468,
     2ND CROSS, JAINS COLONY,
     ASHOK NAGAR, MANDYA - 571 401.

4.   SMT D S SUDHA
     D/O LATE SRI SADASHIVA MURTY,
     AGED ABOUT 60 YEARS,
     RESIDNG AT DODAGANARI VILLAGE,
     DODDAGANARI, ARSIKERE,
     HASSAN - 573 103.
                                 -2-



5.     SMT D S SUJATHA
       D/O LATE SRI.SADASHIVA MURTHY,
       AGED ABOUT 60 YEARS,
       RESIDING AT NO.345, 2ND FLOOR,
       16TH CROSS, 18TH MAIN,
       5TH PHASE, J.P.NAGAR,
       BENGALURU - 560 078.
                                         ... APPELLANTS
(BY SRI. GAURAV G.K., ADVOCATE)

AND:

1.     SRI D S SUDHEER
       S/O LATE SRI.SADASHIVAMURTHY,
       AGED ABOUT 48 YEARS
       RESIDING AT DEVALAPURA VILLAGE,
       DAVALAPURA HOBLI,
       NAGAMANGALA TALUK,
       MANDYA DISTRICT - 571 445.

2.     SRI V B NAGARAJU
       S/O BALAKRISHNA,
       AGED ABOUT 54 YEARS
       RESIDING AT LEFT TO "A" STREET,
       1ST CROSS, MAGADI ROAD,
       BANGALORE NORTH,
       BENGALURU - 560 023.

3.     SRI VEERAPPA
       S/O LATE DODDAMALLAIAH,
       AGED ABOUT 66 YEARS,
       RESIDING AT DODDAMARANAHALLI,
       CHUNCHANAKUPPE,
       TAVAREKERE,
       BENGALURU SOUTH TALUK,
       BENGALURU-562130.
                                             ... RESPONDENTS
(BY SRI. K.G. SHANTHAPPA, ADVOCATE FOR R1;
     R2 & R3 SERVED)

    THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
ORDER 43 RULE 1(r) OF THE CPC, 1908 AGAINST THE ORDER
                                 -3-



DATED 16.11.2018 PASSED ON IA NO.1&2 IN O.S.NO.48/2016 ON
THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, NAGAMANGALA,
ALLOWING IA NO.1&2 FILED U/O.39 RULE 1&2 OF CPC.

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

                         JUDGMENT

Sri. Gaurav G.K., learned counsel for the appellants

seeks leave to place on record memo for withdrawal. The

learned counsel is permitted.

On perusal of the memo, the appeal stands disposed

of.

SD/-

JUDGE

RB