Smt. Munilakshmamma vs Smt. Umadevi
2023 Latest Caselaw 2830 Kant

                                              -1-
                                                          MFA No. 1646 of 2016




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 2ND DAY OF JUNE, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   MISCELLANEOUS FIRST APPEAL NO. 1646 OF 2016 (CPC)

                   BETWEEN:

                   1.    SMT. MUNILAKSHMAMMA
                         W/O. SRI. K.C. ASHWATH NARAYANA,
                         S/O. LATE NARAYANAPPA,
                         AGED ABOUT 57 YEARS,
                         R/AT NO.14, "PRAKRUTHY LAYOUT",
                         KALYANANAGAR POST,
                         HBR 5TH BLOCK, HENNUR EXTENSION,
                         BENGALURU-560 043.

                         PRESENTED BY HER GPA HOLDER,
                         MR. K.C. ASHWATH NARAYANA,
                         S/O. CHIKKA VEERAPPA,
                         AGED ABOUT 57 YEARS,
                         R/AT NO.14, "PRAKRUTHY LAYOUT",
Digitally signed
                         KALYANANAGAR POST,
by SHARANYA T            HBR 5TH BLOCK, HENNUR EXTENSION,
Location: HIGH           BENGALURU-560 043.
COURT OF
KARNATAKA                                                         ...APPELLANT
                                  (APPELLANT SERVED [ABSENT])
                   AND:

                   1.    SMT. UMADEVI
                         W/O. MUNIRAJU,
                         D/O. LATE NARAYANAPPA,
                         AGED ABOUT 55 YEARS,
                         R/AT NO.11-B, LOTTEGOLLAHALLI,
                         NEAR MUNESHWARA TEMPLE,
                         R.M.V. II STAGE
                         BENGALURU-560 094.
                           -2-
                                      MFA No. 1646 of 2016




2.   SMT. SUMITHRA
     W/O. K.M. PILLAPPA,
     D/O. LATE NARAYANAPPA,
     AGED ABOUT 52 YEARS,
     R/AT NO. 415/75/25 II MAIN,
     III CROSS,, THIMMAPPA REDDY LAYOUT,
     HULIMAVU GATE, BANNERGHATTA ROAD,
     BENGALURU-560 076.

3.   SMT. SAROJA
     W/O. YOGESH,
     D/O. LATE NARAYANAPPA,
     AGED ABOUT 48 YEARS,
     R/AT NO.124/1, MALLESHANA PALYA,
     NEW THIPPASANDRA POST,
     BENGALURU-560 075.

4.   SMT. BHAGYALAKSHMI
     W/O K.G. MANJUNATHA
     D/O LATE NARAYANAPPA
     AGED ABOUT 44 YEARS
     R/AT NO.7/8, THIMMAIAH LAYOUT,
     NEAR SHANIMAHATHMA LAYOUT,
     BHOOPASNADRA MAIN ROAD,
     NAGASHETTI HALLI,
     BANGALORE-560 094

5.   SMT. RUKKAMMA
     W/O LATE N. MUNISWAMAIAH
     D/O IN LAW OF LATE NARAYANAPPA
     AGED ABOUT 64 YEARS

6.   SRI. M. BYREGOWDA
     S/O LATE N. MUNISWAMAIAH
     GRAND SON OF LATE NARAYANAPPA
     AGED ABOUT 33 YEARS

     BOTH ARE R/AT GEDDALAHALLI VILLAGE
     NEAR N.N.COMPLEX &
     GEDDALAHALLI BUS STOP
     BANGALORE-560 094
                           -3-
                                   MFA No. 1646 of 2016




7.   SRI. M. NARAYANA @NISHANTH
     S/O MUNISWAMAIAH
     GRANDSON OF LATE NARAYANAPPA
     AGED ABOUT 32 YEARS
     R/AT NO.68, GEDDALAHALLI VILLAGE,
     N.N. FARM (SANJAYNAGARA)
     BEHIND UNIVERSITY OF
     AGRICULTURAL SCIENCE (UAS)
     BANGALORE-560 094

8.   SRI N. NANJAPPA
     S/O LATE NARAYANAPPA
     AGED ABOUT 59 YEARS
     R/A NO.72, GEDDALAHALLI VILLAGE
     N.N.FARM (SANJAYANAGARA)
     BEHIND UNIVERSITY OF
     AGRICULTURAL SCIENCE (UAS)
     BANGALORE-560 094

9.   SRI N. RAMESH
     S/O LATE NARAYANAPPA
     AGED ABOUT 45 YEARS
     R/A NO.82, GEDDALAHALLI VILLAGE
     N.N. FARM(SANJAYANAGARA)
     BEHIND UNIVERSITY OF
     AGRICULTURAL SCIENCE (UAS)
     BANGALORE-560 094

10. SRI G.N. NAVEEN KUMAR
    S/O LATE N NARASIMHAIAH
    GRANDSON OF LATE NARAYANAPPA
    AGED ABOUT 37 YEARS

11. SRI G.N. NARENDRA
    S/O LATE N NARASIMHAIAH
    GRANDSON OF LATE NARAYANAPPA
    AGED ABOUT 35 YEARS

12. SRI J.V. JAYALAKSHMI
    W/O LATE N. NARASIMHAIAH
    DAUGHTER-IN-LAW OF LATE NARAYANAPPA
    AGED ABOUT 49 YEARS
                                -4-
                                         MFA No. 1646 of 2016




     NO.10 TO 12 ARE RESIDING
     AT GEDDALAHALLI VILLAGE
     N.N. FARM (SANJAYANAGARA)
     BEHIND UNIVERSITY OF
     AGRICULTURAL SCIENCE (UAS)
     BANGALORE-560 094

13. M/s. CHARAN HOMES PVT. LTD.,
    REPRESENTED BY ITS MANAGING DIRECTOR
    SRI K.V.V. SATHYANARAYANA REDDY
    OFFICE AT NO.11, 80 FEET ROAD
    HMT LAYOUT, R.T. NAGAR
    BANGALORE-560 032
                                      ...RESPONDENTS

                  (R1 TO R4 ARE SERVED;
      SRI. S.B.MUKKANNAPPA, ADVOCATE FOR R5 & R6;
        SRI S.H.RAGHAVENDRA, ADVOCATE FOR R7;
              VIDE ORDER DATED 03.03.2021,
            NOTICE TO R13 IS DISPENSED WITH;
            M/s. DUA ASSOCIATES FOR R8 & R9)

     THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC,
AGAINST THE ORDER DATED 09.02.2016 PASSED ON IA NO.2
IN O.S.NO.6336/14 ON THE FILE OF THE 3RD ADDITIONAL CITY
CIVIL & SESSIONS JUDGE, BENGALURU CITY, DISMISSING IA
NO.2 FILED U/O.39 RULE 1 & 2 OF CPC.

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

                          JUDGMENT

The learned counsel for the appellant on record is no

more. Hence, this Court has issued notice to the appellant and

the same was served on the appellant as per the report

received from the Assistant Registrar, City Civil Court, wherein,

MFA No. 1646 of 2016

it is clear that the Court notice was served on the appellant and

it is held sufficient. Since the notice was served on 20.09.2022,

the appellant has not made any arrangements to engage a

Counsel and also not appeared before the Court.

Hence, the appeal stands dismissed.

Sd/-

JUDGE

CP