Smt M Sakamma vs Smt Padmamma
2023 Latest Caselaw 5131 Kant

                                               -1-
                                                     NC: 2023:KHC:26832
                                                       MFA No. 2551 of 2016




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 1ST DAY OF AUGUST, 2023

                                          BEFORE
                      THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                 MISCELLANEOUS FIRST APPEAL NO. 2551 OF 2016 (CPC)
                 BETWEEN:

                 SMT M SAKAMMA
                 AGED ABOUT 49 YEARS
                 W/O SRI. L.C. MAHADEVAIAH
                 R/AT NO.51, 3RD MAIN
                 6TH BLOCK, B.S.K. 3RD STAGE
                 HOSAKEREHALLI, BANGALORE-85.
                                                               ...APPELLANT
                 (BY SRI. NATARAJA BALLAL., ADVOCATE)

                 AND:

                 1.    SMT PADMAMMA
                       AGED ABOUT 77 YEARS
                       W/O LATE C. MARIYAPPA
Digitally signed
by               2.    SRI. M.LINGARAJU
DHANALAKSHMI           AGED ABOUT 45 YEARS
MURTHY                 S/O LATE C. MARIYAPPA
Location: High
Court of         3.    SRI. M. UDAYKUMAR
Karnataka
                       AGED ABOUT 42 YEARS
                       S/O LATE C. MARIYAPPA

                       ALL ARE R/AT ITTAMADU VILLAGE
                       ITTAMADU POST, BIDADI HOBLI
                       RAMANAGARA TALUK
                       RAMANAGARA DISTRICT-562109

                 4.    SMT. M. NINGAMMA
                       AGED ABOUT 58 YEARS
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                                NC: 2023:KHC:26832
                                     MFA No. 2551 of 2016




     W/O D.DEVARAJU
     D/O LATE C.MARIYAPPA
     R/O TIBBEE GOWDANADODDI
     HARISANDRA POST, KASABA HOBLI
     RAMANAGARA TALUK
     RAMANAGARAM DISTRICT-562128.

5.   SMT. M. SHIVAMMA
     AGED ABOUT 53 YEARS
     W/O SRI. MARISWAMAIAH
     D/O LATE C. MARIYAPPA
     R/O SRI. GANGADHARESHWARA
     TRADERS, B.M. ROAD
     OPP. SBI BANK, BIDADI
     RAMANAGARA TALUK
     RAMANAGARA DISTRICT-562109.

6.   SMT. M. HEMAVATHI
     AGED ABOUT 51 YEARS
     W/O LATE MUDDAMMA
     D/O LATE C. MARIYAPPA
     R/O NO.15, 4TH CROSS
     M.M. ROAD, BYATARAYANAPURA
     MYSORE ROAD,BANGALORE-560 026.

7.   SMT. M. RADHAMMA
     AGED ABOUT 47 YEARS
     W/O SRI. THAMMAIAH
     D/O LATE C. MARIYAPPA
     R/O 4TH CROSS ,3RD MAIN
     NEAR H.P. GAS OFFICE
     RAMANAGARA-562919.
                                          ...RESPONDENTS
(BY SRI. M H SAWKAR., ADVOCATE FOR R1 TO R5 & R7:
NOTICE TO R6 IS SERVED AND UNREPRESENTED)
     THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED:29.03.2016 PASSED ON IA NO.2
AND IA NO.12 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL
JUDGE, AT RAMANAGARA, ALLOWING IA NO.II FILED U/O 39
RULES 1 AND 2 R/W SEC.151 OF CPC, ALLOWING IA NO.12
FILED U/O 39 RULE 4 OF CPC.
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                                    NC: 2023:KHC:26832
                                        MFA No. 2551 of 2016




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


                         JUDGMENT

Learned counsel appearing for the respondent Nos.

1 to 5 and 7 submits that the sole appellant is dead long

back and the legal representatives have not been brought

on record.

2. Hence, the appeal is dismissed as abated.

3. In view of disposal of the main matter, all the

pending applications are disposed of.

Sd/-

JUDGE

CM