Karnataka High Court
Smt. Sarasamma vs Sri. M. Narasappa Reddy on 5 December, 2023
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
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NC: 2023:KHC:43898-DB
RFA No. 504 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF DECEMBER, 2023
PRESENT
THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA
REGULAR FIRST APPEAL NO. 504 OF 2023
BETWEEN:
SMT. SARASAMMA
D/O LATE MUTHAPPA REDDY @
CHIKKA BIDDAPPA
W/O SRI. CHINNAPPA REDDY
AGED ABOUT 70 YEARS
R/AT NO.105, 'SAPTHAGIRI RESIDENCY'
NANJA REDDY COLONY
B.D.A MAIN ROAD, HAL
BENGALURU-560 017 ...APPELLANT
(BY SHRI. VINAYAK KULKARNI, ADVOCATE FOR
SHRI. H. MANJUNATH, ADVOCATE)
AND:
1. SRI. M. NARASAPPA REDDY
Digitally signed by S/O LATE MUTHAPPA @
ANUSHA V
CHIKKABIDDAPPA
Location: HIGH
COURT OF AGED ABOUT 63 YEARS
KARNATAKA
2. SMT. C. NEELAMMA @
LAKSHMAMMA
W/O SRI. M. NARASAPPA REDDY
AGED ABOUT 59 YEARS
3. SRI. N. HEMACHANDRA
S/O M. NARASAPPA REDDY
AGED ABOUT 41 YEARS
4. SMT. N. PADMA
D/O SRI. M. NARASAPPA REDDY
AGED ABOUT 37 YEARS
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NC: 2023:KHC:43898-DB
RFA No. 504 of 2023
5. SMT. N. MAMATHA
D/O SRI. M. NARASAPPA REDDY
AGED ABOUT 23 YEARS
RESPONDENTS NO.1 TO 5 ARE
RESIDING AT NO.82, 'VISMI VILLA'
ANUGRAHA LAYOUT
BEHIND SANTHINIKETAN SCHOOL
BILEKAHALLI, BANNERGHATTA ROAD
BENGALURU-560 076
6. SRI. H.M. NAGARAJ
S/O LATE MUTHAPPA @
CHIKKABIDDAPPA
AGED ABOUT 65 YEARS
7. SMT. R. JAYALAKSHMI
W/O SRI. H.M. NAGARAJA
AGED ABOUT 53 YEARS
8. SRI. N. VIVEK REDDY
S/O SRI. H.M. NAGARAJA REDDY
AGED ABOUT 32 YEARS
9. KUM. N. MANASA
D/O SRI. H.M. NAGARAJA REDDY
AGED ABOUT 30 YEARS
RESPONDENTS NO.6 TO 9
ARE RESIDING AT NO.169/2
18TH 'A' MAIN, 7TH CROSS
J.P.NAGAR II PHASE
BENGALURU
10. BANGALORE DEVELOPMENT AUTHORITY
SANKEY ROAD, BENGALURU
REPRESENTED BY IT'S
COMMISSIONER
11. SMT. M. LEELAREDDY
W/O G. RAMAKRSIHAN REDDY
AGED ABOUT 52 YEARS
R/AT NO.661, 14TH CROSS, 14TH MAIN
J.P.NAGAR, II PHASE
BENGALURU-560 078
12. M/S. INSTITUTE FOR TECHNOLOGY
AND MANAGEMENT
SITUATED BEHIND MEENAKSHI TEMPLE
BANNERGHATTA ROAD
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NC: 2023:KHC:43898-DB
RFA No. 504 of 2023
BANGALORE-560 076
THE TRUST REPRESENTED
BY ITS TRUSTEE
WG. CDR.A.H. BABU (RETD)
S/O A.V. RAO
AGED ABOUT 69 YEARS
13. SRI. P.V. RAMANA
S/O SRI. P.V. CHALAPATHI
AGED ABOUT 69 YEARS
14. SMT. P. LALITHA
W/O SRI. P.V. RAMANA
AGED ABOUT 63 YEARS
RESPONDENTS NO.13 & 14
ARE RESIDING AT NO.601
6TH FLOOR, CENTRE POINT BUILDING
18TH MAIN ROAD, CHEMBUR
MUMBAI-400 071
15. M/S. SHAKTI INFRA
A REGISTERED PARTNERSHIP FIRM
HAVING ITS OFFICE AT NO.342/O
R.V.TOWERS, 3RD FLOOR
80 FEET, BDA ROAD
NEAR SAI BABA TEMPLE
OFF BANNERGHATTA ROAD
AREKERE
BENGALURU-560 078
16. SRI. VENKOBA RAO
S/O SRI. RAJOJI RAO
AGED ABOUT 51 YEARS
RESIDING AT NO.271/28
GOPAL REDDY LAYOUT, ARAKERE
BANNERUGHATTA ROAD, IIMB POST
BENGALURU-560 076
17. SRI. RAJESH MUKUNDA CHANDAK
S/O SRI. MUKUND CHANDAK
AGED ABOUT 50 YEARS
RESIDING AT NO.93
SHREE CORNER
III FLOOR, VINAYAK NAGAR
NEXT TO BLUE ZONE SCHOOL
GOVERNMENT SCHOOL ROAD
NEAR SAI ABA TEMPLE ROAD
ARAKERE
BENGALURU-560 078
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RFA No. 504 of 2023
18. SRI. DILIP B.L
S/O LATE B.N. LAKSHMINARAYANA
AGED ABOUT 46 YEARS
R/AT NO.27, I CROSS
MANJUNATHA LAYOUT
NEXT TO AREKREE MICO LAYOUT
BANNERUGHATTA ROAD
BENGALURU-560 076
19. SRI. SHREEDHARA S.R
S/O SRI. RAMACHANDRA REDDY
AGED ABOUT 46 YEARS
RESIDING AT NO.01
MUNIPAPAIAH LAYOUT
3RD CROSS, 20TH MAIN, 2ND PHASE
2ND BLOCK, B.T.M. 6TH STAGE
B.G.ROAD, II MB POST
BENGALURU-560 076 ...RESPONDENTS
(BY SHRI. JYOTHI LAKSHMI, ADVOCATE FOR
SHRI. E. ARUN PRADESH, ADVOCATE)
THIS RFA IS FILED UNDER SECTION 96 OF CPC 1908
AGAINST THE JUDGMENT AND DECREE DATED 16.12.2022 PASSED
ON I.A.NO.16 AND 17 IN O.S. No.2178/2011 ON THE FILE OF THE
XI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
CITY, REJECTING THE I.A.NO.16 AND 17 FILED UNDER ORDER
VII RULE 11 (a) AND (d) OF CPC FOR REJECTION OF PLAINT.
THIS RFA, COMING ON FOR ORDERS, THIS DAY,
P.S.DINESH KUMAR, J., DELIVERED THE FOLLOWING:
JUDGMENT
Learned advocate for the appellant has filed
a memo of even date seeking leave to withdraw
this appeal.
2. Memo be kept in record. Leave granted.
This appeal is dismissed as withdrawn.
NC: 2023:KHC:43898-DB
3. In view of disposal of this appeal, pending
interlocutory applications, if any, do not survive for
consideration and they stand disposed of.
No costs.
Sd/-
JUDGE
Sd/-
JUDGE
AV
