Karnataka High Court
Sri. Sriramaiah vs Sri N Girish on 14 August, 2023
Bench: H T Prasad
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NC: 2023:KHC:28697
MFA No. 1247 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 1247 OF 2023 (CPC)
BETWEEN:
1. SRI. SRIRAMAIAH
S/O LATE BEERAPPA
AGED ABOUT 63 YEARS
2. SRI MUNISHMAPPA
S/O LATE MUNIPILLAPPA
AGED ABOUT 53 YEARS
BOTH ARE R/AT KUMBARA BHEEDI
MARULUBAGILU
DEVANAHALLI TOWN-562110.
3. SRI K RAGHUCHANDAN
S/O A KARIYAPPA
AGED ABOUT 40 YEARS
Digitally signed
by NO.F-4, OM SAI JANA JEEVA PYARADISE
DHANALAKSHMI VIJAYANAGAR MAIN ROAD
MURTHY BANGALORE-560075.
Location: High ...APPELLANTS
Court of
Karnataka (BY SRI. AJAY RAO.,ADVOCATE)
AND:
1. SRI N GIRISH
S/O LATE P NAGARAJU
DEAD BY LR'S.
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MFA No. 1247 of 2023
1(a) SMT REVATHI G
W/O LATE N GIRISH
AGED ABOUT 44 YEARS.
1(b) KUM KRUTHIKA G
D/O LATE N GIRISH
AGED ABOUT 23 YEARS
2. SRI N SATISH
S/O LATE P NAGARAJU
AGED ABOUT 43 YEARS
R1(a),(b) & R2 ARE
R/AT NO.7, 5TH CROSS
KILARI ROAD, BANGALORE-560053.
3. SRI CHANRANNA
DEAD BY LRS
3(a) SMT SHIVAMMA @ SHASHIKALA
W/O LATE CHANDRAPPA
AGED ABOUT 45 YEARS.
3(b) RAJANI C
D/O LATE CHANDRAPPA
AGED ABOUT 22 YEARS
3(c) CHANDHINI C
D/O LATE CHANDRAPPA
AGED ABOUT 20 YEARS
3(d) KIRAN C
S/O LATE CHANDRAPPA
AGED ABOUT 21 YEARS
R3(a) TO (d) ARE R/AT NO.28
YERAPPANA HALLI BILLAGE
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MFA No. 1247 of 2023
BIDARAHALLI HOBLI, DODDAGUBBI POST
BANGALORE EAST TALUK.
4. SMT MALA
D/O LATE P KEMPANNA
AGED ABOUT 38 YEARS
5. SRI BEERAPPA
S/O LATE P KEMPANNA
AGED ABOUT 36 YEARS.
6. SRI ANNAYYAPPA
S/O LATE P KEMPANNA
AGED ABOUT 34 YEARS
7. SRI MUNIYAPPA
S/O LATE C PILLAPPA
AGED ABOUT 54 YEARS
8. SRI SHANKARAPPA
S/O LATE C PILLAPPA
AGED ABOUT 52 YEARS
R4 TO R8 ARE R/AT
YERAPANAHALLI VILLAGE
DODDAGUBBI POST
BIDARAHALLI HOBLI
BANGALORE EAST TALUK.
9. SRI PILLAMUNISHAMAPPA @ MUJNISHAMAPPA
S/O LATE DODDAPILLAPPA
AGED ABOUT 83 YEARS
KACHAHALLI, TUBUGERE POST
TUBUGERE HOBLI
DODDABALLAPURA TALUK
BANGALORE RURAL DISTRICT
BANGALORE-561205.
10 SMT AKKAYYAMMA
D/O PILLAMUNISHAMAPPA MUNISHAMAPPA
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MFA No. 1247 of 2023
AGED ABOUT 58 YEARS
11 SRI BEERAPPA
S/O LAKSHMAN
AGED ABOUT 30 YEARS
12. SMT SHASHIKALA
D/O LAKSHMAN
AGED ABOUT 28 YEARS
13. SRI HANUMANTHARAYA
S/O LAKSHMAN
AGED ABOUT 23 YEARS
14. SRI NAGESH
S/O LAKSHMAN
AGED ABOUT 21 YEARS
15. SRI MANJUNATH
S/O PILLAMUNISHMAPPA
@ MUNISHMAPPA
AGED ABOUT 38 YEARS
16. SRI PUNITH
S/O MANJUNATH
AGED ABOUT 15 YEARS
MINOR REP BY NATURAL
GUARDIAN FATHER MANJUNATH
17. SRI NATARAJ
S/O MANJUNATH
AGED ABOUT 13 YEARS
MINOR REP BY NATURAL
GUARDIAN FATHER MANJUNATH.
18. SRI SIDDARAMAIAH RAMAIAH
S/O LATE DODDAPILLAPPA
AGED ABOUT 80 YEARS
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MFA No. 1247 of 2023
19. SMT VENKATAMMA
W/O RAMAIAH @ SIDDARAMAIAH
AGED ABOUT 64 YEARS
20. SRI GANGADHAR
S/O RAMAIAH @ SIDDARAMAIAH
AGED ABOUT 34 YEARS
21. SMT GAYATHRI
D/O RAMAIAH @ SIDDARAMAIAH
AGED ABOUT 32 YEARS,
22. SMT RUPA
D/O RAMAIAH @ SIDDARAMAIAH
AGED ABOUT 30 YEARS
R10 TO R22 ARE RESIDING AT
GORIBAGILU BEEDI
WARD NO.18, DEVANAHALLI TOWN
BANGALORE RURAL DISTRICT.
23. SMT NARAYANAMMA
D/O LATE DODDA PILLAPPA
AGED BOUT 68 YEARS
AT SUNAGHATTA VILLAGE
ALUR DUDDANAHALLI POST
KUNDANA HOBLI
DODDABALLAPURA TALUK
BANGALORE RURAL DISTRICT.]
24. SRI B TIRUMALA PRASAD
S/O GURAVAIAH
AGED ABOUT 45 YEARS
NO.10, 11, 1ST CROSS
AYYAPPA LAYOUT
MUNNEKOLALA
BANGALORE-560037.
...RESPONDENTS
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF
CPC, AGAINST THE ORDER DATED 14.11.2022 PASSED ON
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MFA No. 1247 of 2023
I.A. NO.10 IN O.S.NO. 483/2021 ON THE FILE OF THE
PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, BENGALURU
RUAL, DEVANHALLI, DISMISSING THE I.A. NO.10 FILED
UNDER ORDER 39 RULE 4 READ WITH SECTION 151 OF CPC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. Office has raised objection regarding maintainability
of appeal.
2. The learned counsel for the appellants has stated
that since the appeal is not maintainable before this
Court, the office may be directed to return the appeal
memo along with certified copy of the documents to the
appellants to present the same before the appropriate
legal forum.
3. The memo is placed on record.
4. Office is directed to return the appeal memo along
with certified copy of the documents to the appellants to
enable the appellants to present the same before the
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MFA No. 1247 of 2023
appropriate legal forum, after retaining the Photostat
copies of the same.
5. The appellants are directed to present the same
before the appropriate legal forum within two weeks
from the date of receipt of certified copy of the
documents from the registry.
6. For statistical purpose, the appeal is disposed of.
Sd/-
JUDGE
DM
