Karnataka High Court
Shri Shoolini Devi vs Ananthakrishna on 24 August, 2023
Bench: H T Prasad
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MFA No. 5853 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 5853 OF 2018 (CPC)
BETWEEN:
1. SHRI SHOOLINI DEVI
THE FAMILY DEITY OF MOGRA FAMILY
REP BY ITS MANAGER
M.G.SATHYANARAYANA
S/O M.N.GOPALAKRISHNA
AGED ABOUT 55 YEARS
R/O MOGRA DODDAMANE
GUTHIGARU VILLAGE AND POST
SULLIA TALUK, D.K
2. SHESHAMMA
AGED ABOUT 79 YEARS
W/O LATE M.N. GOPALAKRISHNA
MOGRA DODDAMANE
Digitally signed GUTHIGAR VILLAGE AND POST
by
DHANALAKSHMI SULLIA TALUK, D.K.
MURTHY
Location: High 3. M SATHYAVATHI
Court of W/O LATE SEETHARAMA BHAT
Karnataka MOOLURU FARMS, KARIAKKALA
PAMBETHADY VILLAGE AND POST
SULLIA TALUK, D.K.
4. SATHYASHOBHA
W/O SATHYANARAYANA BHAT
AGED ABOUT 50 YEARS
KAILAR HOUSE
UPPINANGADY VILLAGE AND POST
PUTTUR TALUK, D.K.
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5. SATHYAVANII
AGED ABOUT 46 YEARS
W/O GOPALAKRISHNA JOSHI M
R/AT NO.48, 7TH CROSS
AECS LAYOUT A BLOCK
KUNDALAHALLI, BANGALORE-37.
6. SATHYALAKSHMI
W/O BHEEMA BHAT
R/AT NO.13/4A, 5TH A MAIN
1ST CROSS, GIRIDHAMA LAYOUT
R.R.NAGARA, BANGALORE.
...APPELLANTS
(BY SRI. K RAVISHANKAR., ADVOCATE)
AND:
1. ANANTHAKRISHNA
S/O M.G.SATHYANARAYANA
AGED ABOUT 24 YEARS.
2. MN.VENKATRAMANA
S/O MOGRA NARNAPPAYYA
AGED ABOUT 54 YEARS.
3. VIVEKA M
S/O M.N. VENKATRAMANA
AGED ABOUT 21 YEARS.
4. M.N.ASHOKA
S/O MOGRA NARNAPPAYYA
AGED ABOUT 50 YEARS.
5. SHRIKANTH MOGRA
S/O M.N. ASHOKA
AGED ABOUT 17 YEARS, MINOR
REP BY HIS FATHER M.N.ASHOKA
6. M.N.SUBRAHMANYA
S/O MOGRA NARNAPPAYYA
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MFA No. 5853 of 2018
AGED ABOUT 46 YEARS.
7. SHRISHARAN MOGRA
S/O M.N. SUBRAHMANYA
AGED ABOUT 10 YEARS, MINOR
8. DR MOGRA SUBRAYA
S/O MOGRA GANAPPAYYA
AGED ABOUT 74 YEARS
9. NATESH MOGRA
S/O DR MOGRA SUBRAYA
AGED ABOUT 28 YEARS.
10. MOGRA THIMMAPPAYYA
S/O MOGRA GANAPPAYYA
AGED ABOUT 69 YEARS.
11. DR RAVIGANESH MOGRA
S/O MOGRA THIMMAPPAYYA
AGED ABOUT 38 YEARS
12. VISHRUTHA
S/O DR RAVI GANESH MOGRA
AGED ABOUT 8 YEARS, MINOR.
REPRESENTED BY
DR.RAVI GANESH MOGRA.
13. PRASHANTH MOGRA
S/O MOGRA THIMMAPPAYYA
AGED ABOUT 36 YEARS.
14. PRUTHVI
D/O PRASHANTH MOGRA
AGED ABOUT 8 YEARS, MINOR
REP BY HER FATHER PRASHANTH MOGRA.
15. M.V.KRISHNAMOORTHY
S/O MOGRA VENKATRAMANAYYA
AGED ABOUT 66 YEARS
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16. SURENDRA MOGRA
S/O M.V.KRISHNAMOORTHY
AGED ABOUT 35 YEARS
17. AJEYA MOGRA
S/O M.V.KRISHNAMOORTHY
AGED ABOUT 30 YEARS
18. M.V.NARAYANA
S/O MOGRA VENKATRAMANAYYA
AGED ABOUT 64 YEARS
19. AVINASH MOGRA
S/O N.V. NARAYANA
AGED ABOUT 33 YEARS
20. M.V. SATHYASHANKARA
S/O MOGRA VENKATRAMANAYYA
AGED ABOUT 59 YEARS.
21. BHARGAVA MOGRA
S/O M.V. SATHYASHANKARA
AGED ABOUT 27 YEARS
22. ASHOK MOGRA
S/O MOGRA VENKATRAMANAYYA
AGED ABOUT 50 YEARS.
23. SHRIVATHSA
S/O ASHOK MOGRA
AGED ABOUT 20 YEARS.
24. SHRI HARSHA
S/O ASHOK MOGRA
MINOR, AGED ABOUT 15 YEARS
REP BY HIS FATHER ASHOK MOGRA
25. MOGRA SUBRAYA
S/O MOGRA KESHAVAYYA
AGED ABOUT 66 YEARS
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26. KESHAVA ANANYA MOGRA
S/O MOGRA SUBRAYA
AGED ABOUT 31 YEARS
27. CHANDRASHEKHARA
S/O MOGRA KESHAVAYYA
AGED ABOUT 63 YEARS.
28. USHA MOGRA
D/O DR MOGRA SUBRAYA
AGED ABOUT 37 YEARS
ALL ARE R/AT UMMADKA HOUSE
AMARAMUDNOORU VILLAGE
KUKKUJADKA POST
SULLIA TALUK, D.K.
29. APARNA MOGRA
D/O DR MOGRA SUBRAYA
AGED ABOUT 33 YEARS
RESIDING AT UMMADKA HOUSE
AMARAMUDNOORU VILLAGE
KUKKUJADKA POST
SULLIA TALUK, D.K.
30. LAVANYA MOGRA
AGED ABOUT 35 YEARS
D/O MOGRA SUBRAYA
RESIDING AT SANKESHA HOUSE
AMARAMUDNOORU VILLAGE
KUKKUJADKA POST
SULLIA TALUK, D.K.
31. SOWJANYA MOGRA
S/O MOGRA SUBRAYA
RESIDING AT SANKESHA HOUSE
AMARAMUDNOORU VILLAGE
KUKKUJADKA POST
SULLIA TALUK, D.K
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32. VAISHNAVI M
D/O M.G. SATHYANARAYANA
AGED ABOUT 26 YEARS
RESIDING AT MOGRA DODDAMANE
GUTHIGAR VILLAGE AND POST
SULLIA TALUK,D.K.
33. VINDHYA MOGRA
D/O M.N.VENKATRAMANA
AGED ABOUT 24 YEARS
RESIDING AT MOGRA HOUSE
GUTHIGAR VILLAGE AND POST
SULLIA TALUK, D.K.
34. VANDITHA MOGRA
D/O M.N.VENKATRAMANA
AGED ABOUT 18 YEARS
RESIDING AT MOGRA HOUSE
GUTHIGAR VILLAGE AND POST
SULLIA TALUK, D.K.
35. SHARANYA MOGRA
D/O M.N.SUBRAMANYA
MINOR, AGED ABOUT 15 YEARS
REP BY FATHER SUBRAMANYA M N
RESIDING AT MOGRA HOUSE
GUTHIGAR VILLAGE & KAMILA POST
SULLIA TALUK, D.K.
36. SHREE RAKSH
D/O M.N.ASHOKA
MINOR, AGED ABOUT 13 YEARS
REP BY FATHER ASHOKA M N
RESIDING AT MOGRA HOUSE
GUTHIGAR VILLAGE AND POST
SULLIA TALUK, D.K.
...RESPONDENTS
(NOTICE TO R1 TO R4, R6, R8 TO R11, R13, R16, R17,R20,
R21, R28 AND R29 IS HELD SUFFICIENT V/O DATED:
25.10.2021: R15, R18, R19, R22, R23, R25, R26, R30 TO R34
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AND R36 SERVED BUT UNREPRESENTED : V/O DATED:
21.06.2023, R25 IS APPOINTED AS GUARDIAN FOR R27:
R5 MINOR REP. BY R4, R7 & R12 MINORS REP. BY R11:
R14 MINOR REP. BY R13, R24 MINOR REP.BY R22, R35
MINOR REP. BY R6:)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED 10/04/2018, PASSED ON IA. IN
G AND WC NO. 01/2015, ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE, DAKSHINA KANNADA, J.M.F.C., SULLIA,
D.K., REJECTING I.A. FILED U/O.9, RULE 9 OF CPC.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed under by the appellants
challenging the order dated 10.04.2008 passed by the
Senior Civil Judge and JMFC, Sullia, D.K. on IA No.9 filed
under Order 9 Rule 9 of CPC, whereby the application has
been dismissed.
2. The appellants herein have filed a petition under
Sections 7, 8, 9 and 10 of Guardian and Wards Act, 1890.
Since steps have not been taken, the petition itself has
been dismissed on 10.04.2018. Immediately, on the very
same day, an application under Order 9 Rule 9 of CPC has
been filed for restoration of the petition by setting aside
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the dismissal order. The application has been dismissed.
Being aggrieved, this appeal has been filed.
3. The matter was posted for taking steps. The
appellants herein have taken a draft for paper publication.
There is a delay in taking steps to service of notice to the
respondents. However, in the interest of justice, I am of
the opinion that the appeal requires to be allowed by
setting aside the order dated 10.04.2018 passed on
application filed under Order 9 Rule 9 of CPC.
4. Accordingly, I pass the following order:
(i) The appeal is allowed.
(ii) The order passed by the Senior Civil
Judge and JMFC, Sullia, Dakshina Kannada on
IA filed under Order 9 Rule 9 of CPC is set
aside.
(iii) The application filed under Order 9 Rule
9 of CPC is allowed.
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(iv) The petition in G & WC No.48/2015 is
restored to file.
(v) The appellants herein are directed to
appear before the trial court on 20.09.2023,
without any further notice.
Sd/-
JUDGE
CM
