Sri Ravindra Bhat vs Sri Lakshmipathi
2023 Latest Caselaw 5367 Kant

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                                                 NC: 2023:KHC:27677
                                                   MFA No. 795 of 2020




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 7TH DAY OF AUGUST, 2023

                                      BEFORE
                   THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
               MISCELLANEOUS FIRST APPEAL NO. 795 OF 2020 (CPC)
              BETWEEN:

              1.    SRI RAVINDRA BHAT
                    S/O SHRIDHAR BHAT
                    EX-DIRECTOR OF
                    M/S MYSORE MERCANTILE CO LIMITED
                    AGED ABOUT 47 YEARS
                    NO.201 AND 202, SHRESTA BHUMI
                    BO-87, K R ROAD,BASAVANAGUDI
                    BANGALORE-560004.

              2.    M/S MYSORE MERCANTILE CO LIMITED
                    NO.201 AND 202, SHRESTA BHUMI
                    NO.87, K R ROAD, BASAVANAGUDI
                    BANGALORE-560004
                    REPRESENTED BY ITS DIRECTOR
                    SRI RAKESH SHETTY
Digitally signed                                         ...APPELLANTS
by
DHANALAKSHMI (BY SRI. MUJTABA H., ADVOCATE)
MURTHY
Location: High   AND:
Court of
Karnataka
                 1. SRI LAKSHMIPATHI
                    S/O LATE SANJEEVAIAH
                    AGED ABOUT 72 YEARS
                    R/AT RAMEGOWDANA DODDI VILLAGE
                    MEDAMARANAHALLI DHAKALA
                    HAROHALLI HOBLI
                    KANAKAPURA TALUK-562112.

              2.    SRI R S NARASEGOWDA
                    S/O LATE SANJEEVAIAH
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                                      MFA No. 795 of 2020




     AGED ABOUT 88 YEARS
     R/AT RAMEGOWDANA DODDI VILLAGE
     MEDAMARANAHALLI DHAKALE
     HAROHALLI HOBLI
     KANAKAPURA TALUK-562112.

3.   SRI NARASIMHA SWAMY
     S/O LATE SANJEEVAIAH
     AGED ABOUT 84 YEARS
     R/AT NO.404, 17TH CROSS
     MARUTHI NAGAR
     KENGERI SATELLITE TOWN
     BANGALORE-560060.

4.   SRI KUMBI NARASIMHAIAH
     S/O LATE SANJEEVAIAH
     AGED ABOUT 80 YEARS
     R/AT NO.1451, 27TH C CROSS
     4TH T BLOCK, JAYANAGAR
     BANGALORE-560041.

5.   SMT GOWRAMMA
     W/O VEERACHIKKAIAH
     D/O LATE SANJEEVAIAH
     AGED ABOUT 74 YEARS
     R/AT NO.561, SHIVAPURA COLONY
     BEHIND NTTF FACTORY
     PEENYA II STAGE, BANGALORE-560058.

6.   SMT KAMALAMMA
     W/O VEERABHADRAIAH
     D/O LATE SANJEEVAIAH
     AGED ABOUT 53 YEARS
     R/AT NO.685, SHIVAPURA COLONY
     BEHIND NTTF FACTORY, PEENYA II STAGE
     BANGALORE-560058.

7.   SMT CHOWDAMMA
     W/O LATE PILLA REDDY
     AGED MAJOR
     R/AT NO.2009,SOUTH END E CROSS
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                                  NC: 2023:KHC:27677
                                     MFA No. 795 of 2020




     26TH MAIN, 9TH BLOCK
     JAYANAGAR, BANGALORE-560069.

8.   SRI D VEERANNA
     S/O LATE DODDAREVAIAH
     AGED ABOUT 90 YEARS
     R/AT NO.1439, 37TH C CROSS
     4TH T BLOCK, JAYANAGAR.
     BANGALORE-560041.

9.   SMT MANGALA GOWRAMMA
     W/O KUMBI NARASIMHAIAH
     AGED ABOUT 72 YEARS
     R/AT NO.1451, 37TH C CROSS
     4TH T BLOCK, JAYANAGAR
     BANGALORE-560041.

10. SRI P MOHAN RAJ
    S/O LATE PILLA REDDY
    AGED ABOUT 65 YEARS
    R/OF NO.2009, SOUTH END E CROSS
    26 MAIN,9TH BLOCK, JAYANAGAR
    BANGALORE-560069.

11. SRI P NARAYANA
    S/O LATE PILLA REDDY
    AGED ABOUT 52 YEARS
    R/OF NO.2009, SOUTH END E CROSS
    26 MAIN,9TH BLOCK,JAYANAGAR
    BANGALORE-560069.
                                         ...RESPONDENTS
(BY SRI. B S ANIL KUMAR., ADVOCATE FOR C/R1:
SRI. S BASAVARJ, ADVOCATE FOR R4 & R9:
NOTICE TO R2, R3, R5 TO R8, R10 & R11 ARE SERVED &
UNREPRESENTED)



     THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DT. 20.12.2019 PASSED ON IA NO.XXVI
IN O.S.NO.1578/2012 ON THE FILE OF THE LVI ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-57),
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                                           MFA No. 795 of 2020




PARTLY ALLOWING IA NO.XXVI FILED U/O.39 RULE 1 AND 2
OF CPC.

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

The learned counsel for the appellants has filed a

memo dated 7.8.2023 stating that the suit i.e.,

O.S.No.1578/2012 on the file of LVI Addl. City Civil &

Sessions Judge, Bengaluru has been disposed of. The

present appeal does not survive for consideration and

hence, the same may be dismissed as having become

infructuous.

The memo is placed on record.

Accordingly, the appeal is dismissed as having

become infructuous.

Sd/-

JUDGE

DM