Smt Bhagyamma G V vs Smt Rathanamma
2023 Latest Caselaw 10445 Kant

Karnataka High Court

Smt Bhagyamma G V vs Smt Rathanamma on 13 December, 2023

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                               -1-
                                                        NC: 2023:KHC:45297
                                                      MFA No. 2269 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 13TH DAY OF DECEMBER, 2023

                                           BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 2269 OF 2023 (CPC)


                   BETWEEN:

                   SMT BHAGYAMMA G V
                   D/O LATE VENKATACHALAIAH
                   AGED ABOUT 37 YEARS
                   R/AT GIDDANAHALLI VILLAGE
                   NANDI HOBLI,
                   CHIKKABALLAPUR TALUK
                   CHIKKABALLAPUR-530068
                                                              ...APPELLANT
                   (BY SRI. ABHINAY Y T., ADVOCATE)

                   AND:

                   1.    SMT RATHANAMMA
                         W/O LATE VENKATACHALAIAH
Digitally signed
by                       AGED ABOUT 59 YEARS.
DHANALAKSHMI
MURTHY
Location: High     2.    SMT. PARIJATHA
Court of
Karnataka                D/O LATE VENKATACHALAIAH
                         AGED ABOUT 39 YEARS.

                   3.    GOPINATHA
                         S/O LATE VENKATACHALAIAH
                         AGED ABOUT 37 YEARS

                   4.    SMT. MANJULA
                         D/O LATE VENKATACHALAIAH
                         AGED ABOUT 35 YEARS
                              -2-
                                             NC: 2023:KHC:45297
                                           MFA No. 2269 of 2023




5.   CHANDRASHEKAR
     S/O LATE VENKATACHALAIAH
     AGED ABOUT 35 YEARS
     R1 TO R5 ARE R/AT GIDDANAHALLI VILLAGE
     NANDI HOBLI,
     CHIKKABALLAPURA TALUK
     CHIKKABALLAPUR-530068.

6.   V VENKATARAJU
     S/O LATE VENKATAIAH
     AGED ABOUT 43 YEARS
     R/AT NO.34/2, 5TH MAIN
     6TH CROSS, KRISHNAPPA BLOCK
     GANGANAGAR,
     BENGALURU-560032.
                                                ...RESPONDENTS


(BY SRI. SHIVAKUMAR N., ADVOCATE FOR R1 TO R4:
    SRI. P.M. NARAYANA SWAMY, ADVOCATE FOR R6:
    NOTICE TO R5 SERVED AND UNREPRESENTED)


        THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED: 24.03.2023             PASSED ON I.A.
NO. 1 AND VI      IN O.S.NO. 571/2017 ON THE FILE OF THE
IIIRD    ADDITIONAL    SENIOR      CIVIL   JUDGE    AND   JMFC,
DEVANAHALLI,C/c IIND ADDITIONAL SENIOR CIVIL JUDGE
AND JMFC, DEVANAHALLI,          REJECTING I.A. NO.I       FILED
UNDER ORDER XXXIX RULE I AND 2 OF CPC, ALLOWING
I.A.NO. VI   FILED UNDER ORDER XXXIX RULE 4 READ WITH
SECTION 151 OF CPC.

        THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                             -3-
                                       NC: 2023:KHC:45297
                                     MFA No. 2269 of 2023




                         JUDGMENT

1. Learned counsel for the appellant has filed a memo

dated 12.12.2023 seeking permission to withdraw this

appeal.

2. Memo dated 12.12.2023 is taken on record.

3. The above appeal is dismissed as withdrawn.

Sd/-

JUDGE

HA