Karnataka High Court
Smt. Srilakshmi vs M.N. Ramamurthy on 11 December, 2023
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2023:KHC:44879
RFA No. 1953 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR
REGULAR FIRST APPEAL NO.1953 OF 2016 (DEC/INJ)
BETWEEN:
1. SMT. SRILAKSHMI
W/O. LATE M.N. GOPINATH
AGED ABOUT 73 YEARS,
2. M.G. ANANDA KUMAR
S/O. LATE M.N. GOPINATH
AGED ABOUT 44 YEARS,
BOTH ARE RESIDING AT NO.45, 4TH CROSS
SRIRAMAPURAM, BENGALURU-560 021.
...APPELLANTS
(BY SRI R.B. SADASIVAPPA, ADVOCATE)
AND:
Digitally
signed by
VANDANA S 1. M.N. RAMAMURTHY
Location: AGED ABOUT 64 YEARS
HIGH S/O. LATE M.N. NARAYANAMURTHY
COURT OF
KARNATAKA 2. SMT. SAVITHRAMMA
AGED ABOUT 82 YEARS
W/O. LATE M.N. NARAYANAMURTHY
3. M.S. SHILPA
AGED ABOUT 32 YEARS
D/O. LATE SRINATH,
4. M.S. RAGHURAM
AGED ABOUT 30 YEARS
S/O. LATE M.N. SRINATH
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RFA No. 1953 of 2016
RESPONDENT NOS.1 TO 4 ARE
RESIDING AT NO.4258
20TH MAIN, III CROSS
SUBRAMANYANAGARA
BENGALURU-560 021.
5. M.N. KRISHNAMURTHY
S/O. LATE M. NAGESH RAO
AGED ABOUT 86 YEARS
R/AT NO.1091, 42ND CROSS
KUMARASWAMY LAYOUT
BENGALURU-560 078.
6. M.S. SRINIVASA MURTHY
S/O. M.N. SHANKARAMA RAO
AGED ABOUT 53 YEARS,
7. SMT. PARVATHAMMA
AGED ABOUT 80 YEARS
W/O. LATE M.N. NAGABHUSHANA RAO,
8. M.N. BALASUBRAMANYAM
AGED ABOUT 67 YEARS
S/O. LATE M.N. NAGABHUSHANA RAO
9. M.N. SOMASHEKHAR
AGED ABOUT 67 YEARS
S/O. LATE M.N. NAGABHUSHANA RAO,
RESPONDENT NOS.6 TO 9 ARE
RESIDING AT NO.108, 42ND CROSS
8TH BLOCK, JAYANAGAR,
BENGALURU-560 065.
10. M.N. NATARAJ
AGED ABOUT 65 YEARS
S/O. LATE M.N. NAGABHUSHANA RAO,
11. SMT. SEETHAMMA
AGED ABOUT 70 YEARS,
W/O. LATE M.N. PADMANABHA RAO,
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RFA No. 1953 of 2016
12. M.P. BALASUBRAMANYAM
AGED ABOUT 50 YEARS
S/O. LATE M.N. PADMANABHA RAO,
13. M.P. JAGANNATHA RAO
AGED ABOUT 45 YEARS
S/O. LATE M.N. PADMANABHA RAO,
14. SMT. PUSHPA RAMANAND
AGED ABOUT 53 YEARS
D/O. LATE M.N. PADMANABHA RAO,
15. SMT. NALANI SUBRAMANYAM
AGED ABOUT 49 YEARS
D/O. LATE M.N. PADMANABHA RAO,
16. SMT. CHANDRIKA
AGED ABOUT 47 YEARS
D/O. LATE M.N. PADMANABHA RAO,
17. SMT. M.P. SHANTHA
AGED ABOUT 43 YEARS
D/O. LATE M.N. PADMANABHA RAO,
18. SMT. M.P. LAKSHMI
AGED ABOUT 41 YEARS
W/O. LATE M.N. PADMANABHA RAO,
RESPONDENT NOS.11 TO 18 ARE
RESIDING AT NO.202,
SITE NO.10, 6TH CROSS, 1ST BLOCK
AKSHYANAGAR, KOUDENAHALLI
RAMAMURTHY NAGAR
BENGALURU-560 016.
19. SMT. M.S. RAJESHWARI
W/O. D.R. KRISHNAMURTHY
AGED ABOUT 60 YEARS
R/AT HINDUPUR, ANDHRAPRADESH.
20. SMT. M.N. RAMADEVI
W/O. LATE SRINATH
AGED ABOUT 60 YEARS
R/AT NO.4268, 3RD CROSS
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RFA No. 1953 of 2016
3RD MAIN, SUBRAMANYANAGAR
BENGALURU-560 021.
21. G.V. NARAYANAMURTHY
AGED ABOUT 56 YEARS
S/O. G. VIJAYA RAGHAVAN
R/AT NO.46, 4TH CROSS
SRIRAMAPURAM
BENGALURU-560 021.
...RESPONDENTS
(BY SRI S.V. GIRIDHAR, ADVOCATE FOR R.21;
RESPONDENT NOS.1, 2, 3, 4, 7, 12, 13, 14, 15, 16, 17, 18,
20 ARE SERVED;
NOTICE TO R.8 & R.9 IS HELD SUFFICIENT V/O.
DATED 26.07.2023;
NOTICE TO RESPONDENT NOS.5, 6, 10 & 19
IS HELD SUFFICIENT V/O. DATED 10.11.2023.)
THIS APPEAL IS FILED UNDER SECTION 96 OF CPC.,
PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED IN
O.S.NO.931 OF 2009 DATED 29.09.2016 ON THE FILE OF 43RD
ADDITIONAL CITY CIVIL JUDGE AT BANGALORE BY ALLOWING
THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. Learned counsel for the appellants files a memo in Court
today, which reads as under:
"The appellant in the above case pays that, this
Hon'ble Court be pleased to permit the appellant to
withdraw the above appeal and be pleased to dismiss
the above appeal as withdrawn, in the interest of justice
and equity."
NC: 2023:KHC:44879
2. The memo is placed on record. The appeal is dismissed as
withdrawn.
3. Pending I.As., if any, stand disposed of.
Sd/-
JUDGE
hkh.
