Smt Devalakshmi W/O Late ... vs Sri Sampangi Since Deceased By His ...
2022 Latest Caselaw 5019 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 17TH DAY OF MARCH, 2022

                       BEFORE

 THE HON'BLE MR.JUSTICE SACHIN SHANKAR MAGADUM

REGULAR FIRST APPEAL. NO. 111 OF 2007 (INJ)

BETWEEN:

1.   SMT DEVALAKSHMI
     W/O LATE EKAMBARAM
     (SINCE DEAD BY L .RS.)

1(a). SRI GUNALAN
      S/O.LATE EKAMBARAM,
      (SINCE DEAD BY L.RS.)

1(a)(i) SMT. DHANALAKSHMI
       W/O LATE GUNALAN
       AGED ABOUT 42 YEARS,

1(a)(ii) SRI. KAMAL RAJ,
        S/O LATE GUNALAN
        AGED ABOUT 25 YEARS,

1(a)(iii) KUM. UMADEVI
         D/O LATE GUNALAN
         AGED ABOUT 22 YEARS,

1(a)(iv) KUM. SUKANYA
        D/O LATE GUNALAN
        AGED ABOUT 16 YEARS,
        MINOR REP BY GUARDIAN MOTHER
        SMT. DHANALAKSHMI.T
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1(a)(v) SRI. DEEPAK
       S/O LATE GUNALAN
       AGED ABOUT 19 YEARS,

     APPELLANT NOS. 1(a)(i) to 1(a)(v) are
     R/AT NO.1, 2ND BATTERY PENSION LANE
     BLOCK NO.19, VIVEKNAGAR
     BANGALORE-560 047.

1(b). SRI SEKHAR
      S/O.LATE EKAMBARAM,
      AGED ABOUT 52 YEARS.,
      R/AT NO.1, 2ND BATTERY PENSION LANE
      BLOCK NO.19, VIVEKNAGAR
      BANGALORE-560 047

1(c). SMT BHAVANI (1C)
      W/O. VIJAYA KUMAR,
      D/O.LATE EKAMBARAM,
      R/AT NO.1, 2ND BATTERY PENSION LANE
      BLOCK NO.19, VIVEKNAGAR
      BANGALORE-560 047

2.   E DEENADAYALAN
     SINCE DECEASED BY LRS

2(a). SMT.RAJAMANI
      W/O LATE E.DEENADAYALAN
      AGED ABOUT 58 YEARS

2(b). MOHAN RAJ
      S/O LATE E DEENADAYALAN
      AGED ABOUT 26 YEARS

2(c). KUM CHITRA
      D/O LATE E DEENADAYALAN
      AGED ABOUT 23 YEARS
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2(d). YUVARAJ S/O E DEENADAYALAN
      AGED ABOUT 19 YEARS

       ALL R/AT NO.1, 2ND BATTERY
       PENSION LANE
       BLOCK NO.19, VIVEKNAGAR
       BANGALORE-560 047.
                                     ...APPELLANTS
(BY SMT. NALINI VENKATESH, ADVOCATE FOR LR.S OF
DECEASED APPELLANTS)

AND:
       SRI SAMPANGI
       SINCE DECEASED BY HIS LRS

1(a). SMT.PADMA
      W/O LATE SAMPANGI
      AGED ABOUT 60 YEARS
      R/AT NO.149, NEHRUPURAM,
      SEPPINS ROAD CROSS,
      BANGALORE-560 001

1(b). SMT MANJULA
      W/O LATE SAMPANGI
      AGED ABOUT 55 YEARS
      R/AT NO.149, NEHRUPURAM
      SEPPINGS ROAD CROSS
      BANGALORE-560 001

1(c). SRI HARY S/O LATE ANTONY
      AGED ABOUT 58 YEARS
      R/AT NO.22, JAYARAJNAGAR
      3RD CROSS, VIVEKNAGAR
      BANGALORE-560 047
                                    ...RESPONDENTS

(BY SRI. SYED MUBASHEER AHMED, ADV. FOR
      R1 (A-B) AND R2)
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       THIS R.F.A. IS FILED UNDER SECTION 96 OF CODE
OF CIVIL PROCEDURE, 1908 AGAINST THE JUDGMENT
AND      DECREE     DATED        01.09.2006    PASSED   IN
O.S.NO.5580/1988 ON THE FILE OF XV ADDL. CITY CIVIL
& SESSIONS JUDGE AT BANGALORE DISMISSING THE
SUIT    FOR    PERMANENT         INJUNCTION,   MANDATORY
INJUNCTION AND MESNE PROFITS.


       THIS R.F.A. COMING ON FOR FINAL HEARING THIS
DAY, THE COURT DELIVERED THE FOLLOWING:

                        JUDGMENT

Learned counsel for the appellants submits that this

appeal has become infructuous and the same does not

survive for consideration. She further submits that she has

been instructed from her clients to withdraw this appeal as

not pressed.

In view of the above, this appeal is dismissed as

having become infructuous.

Sd/-

JUDGE

nms