Sri Mahesh @ Marappa vs Sri A Rajashekhar
2023 Latest Caselaw 9193 Kant

Karnataka High Court

Sri Mahesh @ Marappa vs Sri A Rajashekhar on 4 December, 2023

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                               -1-
                                                         NC: 2023:KHC:43531
                                                       MFA No. 7403 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 4TH DAY OF DECEMBER, 2023

                                           BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO.7403 OF 2023 (CPC)
                   BETWEEN:

                   1.    SRI MAHESH @ MARAPPA
                         S/O LATE MUNISHAMAPPA
                         AGED ABOUT 39 YEARS

                   2.    SRI. CHIKKANARASIMHAIAH
                         @ NARASIMHAPPA
                         S/O LATE KENCHAPPA
                         AGED ABOUT 66 YEARS

                   3.    SRI.NARAYANASWAMY
                         S/O LATE CHIKKANARASIMHAIAH
                         AGED ABOUT 55 YEARS

                   4.    SRI. AVALAPPA
                         S/O LATE MALAPPA
                         AGED ABOUT 53 YEARS
Digitally signed
by
DHANALAKSHMI
MURTHY             5.    SRI. NARASIMHAMURTHY
Location: High           S/O LATE MALAPPA
Court of
Karnataka                AGED ABOUT 46 YEARS

                   6.    SRI. DODDA NARASIMHAPPA
                         S/O LATE MALAPPA
                         AGED ABOUT 66 YEARS

                   7.    SRI. MITIKARAPPA @ NARASIMHAMURTHY
                         S/O LATE NARASIMHAPPA
                         AGED ABOUT 53 YEARS
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                                     NC: 2023:KHC:43531
                                   MFA No. 7403 of 2023




8.   SRI. MARAPPA
     S/O LATE KENCHAPPA
     AGED ABOUT 61 YEARS

9.   SRI. MUNIRAJU
     S/O GANGAIAH
     AGED ABOUT 53 YEARS

10. SRI. MUNIYAPPA
    S/O NARASIMHAPPA
    AGED ABOUT 46 YEARS.

11. SRI. C NARASIMHAIAH @ KATUMARAYA
    @ NARASIMAPPA
    S/O NARASIMHAPPA
    AGED ABOUT 55 YEARS

12. SRI. HARISHA
    S/O LATE CHIKKANRASIMHAIAH
    AGED ABOUT 31 YEARS

13. SRI. LAKSHMI NARASIMHAPPA
    S/O LATE MALAPPA
    AGED ABOUT 64 YEARS

14. SRI. NARASAMMA
    W/O LATE CHIKKANARASIMHAPPA
    AGED ABOUT 71 YEARS

     ALL ARE R/AT UPPARAHALLI VILLAGE
     MACNEHANAHALLI HOBLI, GOWRIBIDANUR TALUK
     CHIKKABALLAPURA DISTRICT 561 211
                                        ...APPELLANTS
(BY SRI. S M KULKARNI.,ADVOCATE)

AND:

SRI A RAJASHEKHAR
S/O LATE K ADANNA
AGED ABOUT 42 YEARS
NO. 211, 5th CROSS, JAKKUR LAYOUT AND POST
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                                       NC: 2023:KHC:43531
                                     MFA No. 7403 of 2023




BANGALORE NORTH
BENGALURU -560 064.
                                            ...RESPONDENT
(BY SRI.MUDDARANGAPPA., ADVOCATE C/R)

     THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE
CPC, AGAINST THE ORDER DATED:03.10.2023 PASSED ON IA
NO.1 IN O.S.NO.245/2021 ON THE FILE OF THE PRL. CIVIL
JUDGE AND JMFC, GOWRIBIDANUR, ALLOWING IA NO.1 FILED
U/O.39 RULES 1 AND 2 R/W SECTION 151 OF CPC.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                         JUDGMENT

1. The learned counsel for the appellants has filed a

memo dated 04.12.2023 stating that he may be permitted

to withdraw the above appeal with liberty to approach the

appropriate legal forum.

2. Memo dated 04.12.2023 is taken on record.

3. In view of the above, the appeal is dismissed as

withdrawn with liberty to approach the appropriate legal

forum.

Sd/-

JUDGE

HA