Smt Saipriya vs Sri Srinivas P
2023 Latest Caselaw 10175 Kant

Karnataka High Court

Smt Saipriya vs Sri Srinivas P on 11 December, 2023

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                                 -1-
                                                            NC: 2023:KHC:44803
                                                          MFA No. 6515 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 11TH DAY OF DECEMBER, 2023

                                            BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 6515 OF 2021 (CPC)
                   BETWEEN:

                   SMT SAIPRIYA
                   W/O V VENKATESH
                   AGED ABOUT 36 YEARS
                   RESIDING AT NO 24, 9TH CROSS
                   THIMMAIAH GARDEN, R T NAGAR POST
                   BENGALURU-560032.
                                                                  ...APPELLANT
                   (BY SRI. VIJAYA KUMAR K.,ADVOCATE)

                   AND:

                   1.     SRI SRINIVAS P
                          S/O LATE S PUTTAPPA
                          AGED ABOUT 35 YEARS
                          R/AT NO 28, THURAGANUR VILLAGE
Digitally signed
by                        GAJANUR POST, MALAVALLI TALUK
DHANALAKSHMI              MANDYA DISTRICT-571430.
MURTHY
Location: High
Court of                  ALSO AT NO 13, 1ST MAIN
Karnataka
                          9TH CROSS, THIMMAIAH GARDEN
                          R T NAGAR POST, BENGALURU 560032.

                   2.     SMT HANUMAKKA
                          W/O LATE S PUTTAPPA
                          AGED ABOUT 62 YEARS.

                   3.     SRI ARUN RAJ
                          S/O LATE S PUTTAPPA
                          AGED ABOUT 47 YEARS
                          R2 & R3 ARE RESIDING AT NO 13
                            -2-
                                     NC: 2023:KHC:44803
                                   MFA No. 6515 of 2021




      I MAIN, THIMMIAH GARDEN
      R T NAGAR POST, BENGALURU 560032.

4.   SMT SUMA DEVI
     D/O LATE S PUTTAPPA
     W/O SOMASHEKAR
     AGED ABOUT 41 YEARS

5.   SMT SUJATHA
     D/O LATE S PUTTAPPA
     W/O BANU PRAKASH
     AGED ABOUT 39 YEARS

     R4 & R5 ARE RESIDING AT NO 222
     I MAIN, THIMMIAH GARDEN
     R T NAGAR POST, BENGALURU 560032.

6.   SMT SHOBHA
     D/O LAKSHMAMMA
     W/O A M SRINIVAS
     AGED ABOUT 45 YEARS
     R/AT NO 6/125, 3RD CROSS
     H M ROAD, LINGARAJAPURAM
     BENGALURU 560084.
                                          ...RESPONDENTS
(BY SRI. SURESH BABU B N.,ADVOCATE FOR R1:
NOTICE TO R2 TO R6 ARE DISPENSED WITH
V/O DATEDF: 15.12.2021)
     THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) R/W
SECTION 151 OF CPC, AGAINST THE ORDER DATED:
21.10.2021 PASSED ON IA NO.1 IN O.S.NO.1087/2019 ON THE
FILE OF THE V ADDITIONAL CITY CIVIL JUDGE AND SESSIONS
JUDGE, BENGALURU, (CCH NO.13), ALLOWING IA NO.1 FILED
U/O.39 RULE 1 AND R/W SEC.151 OF CPC.

     THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
                                    -3-
                                                  NC: 2023:KHC:44803
                                                MFA No. 6515 of 2021




                                JUDGMENT

1. Learned counsel for the appellant has filed a memo

dated 11.12.2023 stating that the suit filed before the trial

Court has been disposed of. Hence, the present appeal

does not survive for consideration and the same has

become infructuous.

2. Memo dated 11.12.2023 is taken on record.

3. In view of the above, the present appeal is

dismissed as having become infructuous.

Sd/-

JUDGE

HA