Karnataka High Court
Smt. Kalpana vs Shri L.C. Krishnamurthy on 10 July, 2023
Bench: H.P.Sandesh
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NC: 2023:KHC:23764
MFA No. 3260 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO.3260 OF 2023 (CPC)
BETWEEN:
1. SMT. KALPANA,
W/O SAMPANGIRAMA,
AGED ABOUT 48 YEARS.
2. SRI SAMPANGIRAMA,
S/O ANJINAPPA,
AGED ABOUT 48 YEARS.
BOTH ARE R/AT 1ST MAIN ROAD,
JALAKANTESHWARA, MALLESHPALYA,
BANGALORE 560075.
...APPELLANTS
(BY SRI PRAVEEN DANAGERI, ADVOCATE)
Digitally signed
by SHARANYA T AND:
Location: HIGH
COURT OF 1. SHRI L.C. KRISHNAMURTHY,
KARNATAKA S/O LATE CHINNAPPA,
AGED ABOUT 52 YEARS,
R/AT NO.132/3C, 2ND MAIN,
G.M. PALYA, K.G. COLONY,
BANGALORE 560075
2. SRI CHETHAN,
S/O CHANDRANNA,
AGED ABOUT 31 YEARS,
R/AT NO 94, 3RD MAIN,
ANJAYANEYA TEMPLE STREET,
NEW THIPPASANDRA POST,
BANGALORE 560075.
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MFA No. 3260 of 2023
3. SRI KIRAN,
S/O CHANDRANNA,
AGED ABOUT 30 YEARS,
R/AT NO 94, 3RD MAIN
ANJANEYA TEMPLE STREET,
NEW THIPPSANDRA POST,
BANGALORE 560075.
4. SRI SHANTHA SRIHARSHA,
S/O LAKSHMIPATHI,
AGED ABOUT 25 YEARS,
R/AT 46A, G.M. PALYA,
BANGALORE 560075.
5. SRI PREM CHANDER,
D/O LAKSHMIPATHI,
AGED ABOUT 27 YEARS,
R/AT NO.46/A, G.M. PALYA,
BANGALORE 560075.
6. SMT. BHUVANESHWARI,
W/O LATE RAJAGOPAL,
AGED ABOUT 52 YEARS,
R/AT FLAT NO.406,
ANJANEYA APARTMENT,
NEW THIPPASANDRA POST,
BANGALORE 560075.
7. SMT. MANJULA,
W/O LATE ASHOK,
AGED ABOUT 52 YEARS,
R/AT FLAT NO.503,
AISHWARYA RESIDENCY,
II MAIN, K.G. COLONY,
BANGALORE 560075.
8. SRI MAHESH,
S/O ALTE MUNISWAMAPPA,
AGED ABOUT 40 YEARS,
R/AT ANJANEYA TEMPLE STREET,
III MAIN, G.M. PALYA,
BANGALORE 560075.
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MFA No. 3260 of 2023
9. SRI SURESH,
SON OF LATE MR.KRISHNAN,
AGED ABOUT 45 YEARS,
HAVING SHOP AT 7 HILLS ENTERPRISES,
SY.NO.65, SITE NO.60,
4TH MAIN, 6TH CROSS,
K.G. COLONY, G.M. PALYA,
NEW TIPPASANDRA POST,
BANGALORE-560075.
10. MRS. RITA,
WIFE OF MR.ARUN,
AGED ABOUT 40 YEARS,
HAVING SHOP AT PEARL HERBAL BEAUTY PARLOUR,
SY.NO.65, SITE NO.60,
4TH MAIN, 6TH CROSS,
K.G. COLONY, G.M. PALYA,
NEW TIPPASANDRA POST,
BANGALORE-560075.
11. SRI SATISH,
SON OF GOPAL,
AGED ABOUT 45 YEARS,
HAVING SHOP AT CSK CHICKEN SHOP,
SY.NO.65, SITE NO.60,
4TH MAIN, 6TH CROSS,
K.G. COLONY, G.M. PALYA,
NEW TIPPASANDRA POST,
BANGALORE-560075.
12. SRI MANICKYAM,
SON OF LATE SRI KAMRAJ,
AGED ABOUT 43 YEARS
HAVING SHOP AT SAI RAM TIFFIN CENTRE,
SY.NO.65, SITE NO.60,
4TH MAIN, 6TH CROSS,
K.G. COLONY, G.M. PALYA,
NEW TIPPASANDRA POST,
BANGALORE-560075.
13. SRI MANI,
SON OF SRI RAJU GOUNDAR,
AGED ABOUT 65 YEARS,
RESIDING AT SY.NO.65, SITE NO.10,
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MFA No. 3260 of 2023
4TH MAIN, 6TH CROSS,
K.G. COLONY, G.M. PALYA,
NEW TIPPASANDRA POST,
BANGALORE-560075.
14. SRI GAUTAM,
SON OF SRI SANATHAN,
AGED ABOUT 41 YEARS,
RESIDING AT SY.NO.65, SITE NO.10,
4TH MAIN, 6TH CROSS,
K.G. COLONY, G.M. PALYA,
NEW TIPPASANDRA POST,
BANGALORE-560075.
15. SMT. RAMYA,
WIFE OF SRI VENKATESH,
AGED ABOUT 38 YEARS,
RESIDING AT SY.NO.65, SITE NO.10,
4TH MAIN, 6TH CROSS,
K.G. COLONY, G.M. PALYA,
NEW TIPPASANDRA POST,
BANGALORE-560075.
16. SRI LOKESH @ LOKI,
SON OF SRI. SHANTHAPPA,
AGED ABOUT 31 YEARS,
FLOWER DECORATOR,
RESIDING AT SY.NO.65, SITE NO.10,
4TH MAIN, 6TH CROSS,
K.G. COLONY, G.M. PALYA,
NEW TIPPASANDRA POST,
BANGALORE-560075.
17. SMT. ASHWINI,
WIFE OF SRI VIJAY,
AGED ABOUT 36 YEARS,
RESIDING AT SY.NO.65, SITE NO.10,
4TH MAIN, 6TH CROSS,
K.G. COLONY, G.M. PALYA,
NEW TIPPASANDRA POST,
BANGALORE-560075.
18. SRI KUMAR,
SON OF SRI TANGAVELU,
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MFA No. 3260 of 2023
AGED ABOUT 41 YEARS,
RESIDING AT SY.NO.65, SITE NO.55,
4TH MAIN, 6TH CROSS,
K.G. COLONY, G.M. PALYA,
NEW TIPPASANDRA POST,
BANGALORE-560075.
19. SRI ARMUGAM,
SON OF ALAGA MUTHU,
AGED ABOUT 43 YEARS,
RESIDING AT SY.NO.65, SITE NO.55,
4TH MAIN, 6TH CROSS,
K.G. COLONY, G.M. PALYA,
NEW TIPPASANDRA POST,
BANGALORE-560075.
20. SRI LAKSHMAN,
SON OF SRI DEVARAJ
AGED ABOUT 30 YEARS
RESIDING AT SY.NO.65, SITE NO.55,
4TH MAIN, 6TH CROSS,
K.G. COLONY, G.M. PALYA,
NEW TIPPASANDRA POST,
BANGALORE-560075.
21. SRI DAMODAR,
SON OF SRI RAMAMURTHY,
AGED ABOUT 47 YEARS,
RESIDING AT FLAT NO.108,
KEERTI MANOHAR APARTMENT,
BLOCK-1, 1ST FLOOR,
1-3 MAIN ROAD, G.M. PALYA,
NEW TIPPESANDRA POST,
BANGALORE-560075.
22. SRI M.V. REDDY PRASAD,
SON OF VENKATESH REDDY,
AGED ABOUT 36 YEARS,
RESIDING AT FLAT NO.306,
KEERTI MANOHAR APARTMENT,
BLOCK-1, 3RD FLOOR,
1-3 MAIN ROAD, G.M. PALYA,
NEW TIPPESANDRA POST,
BANGALORE-560075.
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MFA No. 3260 of 2023
23. SRI PREMKUMAR,
SON OF RAJENDRA,
AGED ABOUT 40 YEARS,
RESIDING AT SY.NO.65, SITE NO.10,
4TH MAIN, 6TH CROSS,
K.G. COLONY, G.M. PALYA,
NEW TIPPASANDRA POST,
BANGALORE-560075.
24. SMT. SEETHA,
WIFE OF SRI DEVARAJ,
AGED ABOUT 45 YEARS,
RESIDING AT NO.10,
4TH MAIN, 6TH CROSS,
K.G. COLONY, G.M. PALYA,
NEW TIPPASANDRA POST,
BANGALORE-560075.
...RESPONDENTS
(BY SRI M. SHIVAPRAKASH, ADVOCATE FOR C/R1)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) READ
WITH SECTION 151 OF CPC, AGAINST THE ORDER DATED
28.03.2023 PASSED ON I.A.NO.III IN OS.NO.9285/2019 ON
THE FILE OF THE 17TH ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, BENGALURU CCH-16, DISMISSING THE I.A.NO.III
FILED UNDER ORDER 39 RULE 4 R/W SECTION 151 OF CPC.
THIS APPEAL COMING ON FOR ADMISSON THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for the appellants has filed a
memo seeking permission of this Court to withdraw the
appeal.
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MFA No. 3260 of 2023
2. In view of the memo, the appeal is dismissed as
withdrawn. The Trial Court is directed to dispose of the suit
expeditiously.
Sd/-
JUDGE
MD
