Karnataka High Court
Pastor M Yesupatham vs Mrs Yanki Dukpa on 18 December, 2023
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2023:KHC:46042
MFA No. 779 of 2020
C/W MFA No. 635 of 2020
MFA No. 777 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 779 OF 2020 (CPC)
C/W
MISCELLANEOUS FIRST APPEAL NO. 635 OF 2020(CPC)
MISCELLANEOUS FIRST APPEAL NO. 777 OF 2020(CPC)
IN MFA No.779/2020:
BETWEEN:
1. PASTOR M YESUPATHAM
AGED 70 YEARS,
S/O LATE MANNUEL,
R/O ZION SUNGAM CHURCH,
VIJINAPURA,
DOORAVANI NAGAR POST,
Digitally signed
BENGALURU -16.
by
DHANALAKSHMI
MURTHY
Location: High
2. MR. DANIEL
Court of
Karnataka AGED 43 YEARS,
S/O PASTOR M YESUPATHAM,
R/O NO.16/1, SARAIPALYA,
THANISANDRA VILLAGE,
K R PURAM HOBLI,
BENGALURU EAST TALUK,
BENGALURU - 560 077.
...APPELLANTS
(BY SRI PRASAD B, ADVOCATE)
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NC: 2023:KHC:46042
MFA No. 779 of 2020
C/W MFA No. 635 of 2020
MFA No. 777 of 2020
AND:
MRS. YANKI DUKPA
AGED ABOUT 48 YEARS
D/O FELGAY DUKPA
R/AT IDDLE PALASH
DEBIDANGA, P.O CHAMPASARI
P.S.PRASHANT NAGAR
DARJEELING (DIST) W.B.
PREVIOUSLY R/AT No.376 "C"
JALVAYU VIHAR, KAMMANAHALLI
MAIN ROAD, ST. THOMAS TOWN POST
BENGALURU - 560 084.
...RESPONDENT
THIS MFA IS FILED U/O. 43 RULE 1(r) OF CPC, AGAINST
THE ORDER DATED. 24.09.2019 PASSED ON IA NO.1 IN O.S.
NO.5455/2019, ON THE FILE OF THE XXIX ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-30),
ALLOWING THE IA NO.I FILED U/O.39 RULE 1 AND 2 OF CPC.
IN MFA No.635/2020:
BETWEEN:
1. M YESUPATHAM
AGED 70 YEARS,
S/O LATE MANNUEL,
R/O No.20, ZION DOOR CHURCH,
VIJINAPURA,
DOORAVANI NAGAR POST,
BENGALURU -16.
2. MR. DANIEL
AGED 43 YEARS,
S/O M YESUPATHAM,
R/O NO.16/1, SARAIPALYA,
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NC: 2023:KHC:46042
MFA No. 779 of 2020
C/W MFA No. 635 of 2020
MFA No. 777 of 2020
THANISANDRA VILLAGE,
K R PURAM HOBLI,
BENGALURU EAST TALUK,
BENGALURU - 560 077.
...APPELLANTS
(BY SRI PRASAD B, ADVOCATE)
AND:
MRS. YANKI DUKPA
AGED ABOUT 48 YEARS
D/O FELGAY DUKPA
R/O No.376, "C"
JALAVAYU VIHAR
KAMMANAHALLI MAIN ROAD,
ST. THOMAS TOWN POST
BENGALURU - 560 084.
...RESPONDENT
THIS MFA IS FILED U/O. 43 RULE 1(r) OF CPC, AGAINST
THE ORDER DATED. 24.09.2019 IN IA NO.III OF THE SUIT O.S.
NO.5455/2019, ON THE FILE OF THE XXIXX ADDITIONA CITY
CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-30),
ALLOWING THE I A No.III, FILED U/O 39 RULE 1 AND 2 OF
CPC.
IN MFA No.777/2020:
BETWEEN:
1. PASTOR M YESUPATHAM
AGED 69 YEARS,
S/O LATE MANUEL,
R/AT ZION SUNGAM CHURCH,
2ND CROSS ROAD KUVEMPU NAGAR
DOORAVANI NAGAR POST,
BENGALURU -16.
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NC: 2023:KHC:46042
MFA No. 779 of 2020
C/W MFA No. 635 of 2020
MFA No. 777 of 2020
2. MR. DANIEL
AGED 43 YEARS,
S/O PASTOR M YESUPATHAM,
R/O NO.16/1, SARAIPALYA,
THANISANDRA VILLAGE,
K R PURAM HOBLI,
BENGALURU EAST TALUK,
BENGALURU - 560 077.
...APPELLANTS
(BY SRI PRASAD B, ADVOCATE)
AND:
MRS. YANKI DUKPA
AGED ABOUT 47 YEARS
D/O FELGAY DUKPA
PRESENTLY R/AT MIDDLE PALASH
DEBIDANGA, P.O CHAMPASARI
P.S.PRASHANT NAGAR
DARJEELING (DIST)
PREVIOUSLY R/AT No.376 "C"
JALVAYU VIHAR,
KAMMANAHALLI MAIN ROAD
BENGALURU - 560 084.
...RESPONDENT
THIS MFA IS FILED U/O. 43 RULE 1(r) OF CPC, AGAINST
THE ORDER DATED. 24.09.2019 PASSED ON IA NO.II IN O.S.
NO.5455/2019, ON THE FILE OF THE XXIX ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-30),
ALLOWING THE IA NO.II FILED U/O.39 RULE 1 AND 2 OF CPC.
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NC: 2023:KHC:46042
MFA No. 779 of 2020
C/W MFA No. 635 of 2020
MFA No. 777 of 2020
THESE APPEALS COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for the appellants has filed a
memo dated 18.12.2023 stating that the suit itself has
been disposed of. Hence, the present appeals do not
survive for consideration and same may be dismissed as
having become infructuous.
The memo is placed on record.
Accordingly, the appeals are dismissed as having
become infructuous.
All pending applications, if any, shall stand disposed
of.
Sd/-
JUDGE
DM
