Sri. Muthyalagaiah vs Smt. Nanjamma
2023 Latest Caselaw 5685 Kant

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                                                         NC: 2023:KHC:29128
                                                      MFA No. 5567 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 17TH DAY OF AUGUST, 2023

                                           BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 5567 OF 2023 (CPC)
                   BETWEEN:

                   1.    SRI. MUTHYALAGAIAH
                         S/O LATE MUTHYALAGAIAH @ KENCHAIAH
                         SINCE DEAD BY HIS LR'S.

                   1(a) SRI. VASANTH KUMAR
                       S/O LATE MUTHYALAGAIAH
                       AGED ABOUT 53 YEARS

                   1(b) SRI. RAVIKUMAR
                       S/O LATE MUTHYALAGAIH
                       AGED ABOUT 44 YEARS

                   1(c) SRI. MAHESH
                        S/O LATE MUTHYALAGAIAH
                        AGED ABOUT 41 YEARS
Digitally signed
by                       ALL ARE R/AT MALLAPURA VILLAGE
DHANALAKSHMI             KODIHALLI HOBLI, KANAKAPURA TALUK
MURTHY
                         RAMANAGARA DISTRICT.
Location: High
Court of
Karnataka          2.    SRI. JAYARAMAIAH
                         AGED ABOUT 55 YEARS

                   3.    SRI. SEETHARAMU
                         AGED ABOUT 51 YEARS

                   4.    SRI. SHIVAKUMAR
                         S/O MUTHYALAGAIAH
                         AGED ABOUT 48 YEARS
                         (DIED ON 17-6/22)
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                                       NC: 2023:KHC:29128
                                  MFA No. 5567 of 2023




5.   SRI. GOVINDARAJU
     AGED ABOUT 46 YEARS

     S/O LATE MUTHYALAGAIAH ALIAS KENCHAIAH
     R/AT MALLAPURA VILLAGE
     KODIHALLI HOBLI, KANAKAPURA TALUK
     RAMANAGARA DISTRICT.
                                          ...APPELLANTS
(BY SRI. CHANDRASHEKAR C., ADVOCATE)

AND:

1.   SMT. NANJAMMA
     D/O LATE KARIYANNA
     AGED ABOUT 64 YEARS.

2.   SMT. SAKAMMA
     D/O LATE KARIYANNA
     AGED ABOUT 63 YEARS

3.   SMT. THIMMAMMA
     D/O LATE KARIYANNA
     AGED ABOUT 56 YEARS

4.   SRI. VENKATACHALA
     S/O LATE KARIYANNA
     AGED ABOUT 58 YEARS

     ALL ARE R/AT CHANNASANDRA VILLAGE
     KODIHALLI HOBLI
     KANAKAPURA TALUK
     RAMANAGARA DISTRICT.
                                          ...RESPONDENTS
     THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) R/W
SECTION 151 OF CPC, AGAINST THE ORDER DATED
25.11.2021 PASSED ON I.A.NO.2 IN OS.NO.396/2019 ON THE
FILE OF THE PRL. CIVIL JUDGE AND JMFC, KANAKAPURA,
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                                          NC: 2023:KHC:29128
                                       MFA No. 5567 of 2023




DISMISSING THE I.A.NO.2 FILED UNDER ORDER 23 RULE 1 OF
CPC.

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

The learned counsel for the appellants has filed a

memo dated 17.8.2023 stating that the appellants seeks

permission of this Court to withdraw the appeal with

liberty to approach appropriate legal forum.

The memo is placed on record.

Accordingly, the appeal is dismissed as withdrawn

with liberty to the appellants to approach appropriate legal

forum.

Registry is directed to return the certified copy of the

documents to the appellants forthwith.

Sd/-

JUDGE

DM