Karnataka High Court
M/S Esteem Kings Dwelling Private ... vs Sri C Hrudaya Kumar on 7 June, 2023
Bench: H.P.Sandesh
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MFA No. 1116 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO.1116 OF 2020 (CPC)
BETWEEN:
M/S ESTEEM KINGS DWELLING PRIVATE LIMITED,
A PARTNERSHIP FIRM HAVING ITS OFFICE AT
UNIT NO.33, 3RD FLOOR,
SNS CHAMBERS, NO.239,
SANKEY ROAD, SADASHIVANAGAR,
BANGALORE 560080.
REP BY ITS DIRECTOR MR. GAURAV AHUJA.
...APPELLANT
(BY SRI SRIDHAR G.,ADVOCATE)
AND:
1. SRI C. HRUDAYA KUMAR,
S/O LATE. CHIKKA ANTHONY,
Digitally signed AGED ABOUT 55 YEARS,
by SHARANYA T
Location: HIGH
R/AT NO.47,
COURT OF NYANAPPANAHALLI ROAD,
KARNATAKA
ARALIMARA BUS STOP,
BEGUR VILLAGE AND POST,
BENGALURU 560068.
2. SRI MARIYAPPA,
S/O LATE ANTHAPPA @ ANTHONY,
AGED ABOUT 49 YEARS.
3. SMT. SHANTHAMMA,
W/O LATE RAYAPPA,
AGED ABOUT 64 YEARS.
4. SMT. PUSHPA,
D/O LATE RAYAPPA,
AGED ABOUT 39 YEARS.
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MFA No. 1116 of 2020
5. SRI CHOWRAPPA,
S/O LATE DODDA ANTHONY,
AGED ABOUT 68 YEARS.
SINCE DEAD REP BY HIS LRS.
A. SMT. ANTHONAMMA,
W/O LATE CHOWRAPPA,
AGED ABOUT 60 YEARS.
B. SRI. SHANTHARAJU,
S/O LATE CHOWRAPPA,
AGED ABOUT 42 YEARS.
C. SMT. SAGAYAMARY,
D/O LATE. CHOWRAPPA,
AGED ABOUT 40 YEARS.
D. ANITHA
D/O LATE CHOWRAPPA
AGED ABOUT 36 YEARS.
6. SMT. MARITHAYAMMA,
D/O LATE DODDA ANTHONY
AGED ABOUT 64 YEARS.
7. SMT. ANTHONY MARY @ GUJJAMMA,
D/O LATE DODDA ANTHONY,
AGED ABOUT 58 YEARS.
8. CHINNAPPA,
S/O LATE DODDA ANTHONY,
AGED ABOUT 55 YEARS.
R/AT BELEKAHALLI, DORESANIPALYA,
BANNERAGATTA ROAD, IIM POST,
BENGALURU SOUTH TALUK,
BENGALURU.
9. SMT. SAGAYA MARY,
D/O LATE DODDA ANTHONY
AGED ABOUT 53 YEARS.
R2 TO R9 ARE R/AT DORASANIPALYA,
BILEKAHALLI, BEGUR HOBLI,
BENGALURU SOUTH TALUK,
BENGALURU.
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MFA No. 1116 of 2020
10. SMT. CHIKKA CHINNAMMA,
W/O LATE CHIKKA ANTHONY,
AGED ABOUT 80 YEARS,
R/AT BEGURU ROAD,
ARALIMARA BUS STOP,
NYANAPPANAHALLI ROAD,
BEHIND GOVT. HIGH SCHOOL,
BENGALURU 560068.
11. SMT. MARIYAMMA,
D/O LATE.CHIKKA ANTHONY,
AGED ABOUT 64 YEARS.
R/AT VEGAS COLONY,
THATTAGUPPA POST,
UTHARAHALLI HOBLI,
BENGALURU 560082.
12. SRI AROGYA SWAMY,
S/O LATE FATHIMA,
AGED ABOUT 43 YEARS.
13. SMT. PHILOMINA,
D/O LATE CHIKKA ANTHONY,
AGED ABOUT 58 YEARS.
14. LOURDE MARY,
D/O LATE CHIKKA ANTHONY,
AGED ABOUT 56 YEARS.
15. SRI BALARAJ,
S/O LATE CHIKKA ANTHONY,
AGED ABOUT 51 YEARS.
16. SMT. SAGAYA MARY @ CHINNAMMA
D/O LATE CHIKKA ANTHONY,
AGED ABOUT 44 YEARS.
R12 TO R16 ARE R/AT BEGURU ROAD,
ARALIMARA BUS STOP,
NYANAPPANAHALLI ROAD,
BEHIND GOVT. HIGH SCHOOL.
BENGALURU 560068.
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MFA No. 1116 of 2020
17. SRI S. ANANTHA RAJU,
S/O LATE NARAYANA RAJU @ CHINNANNA RAJU,
AGED ABOUT 68 YEARS,
R/AT DORESANIPALYA,
BELEKAHALLI DAKALE,
BEGUR HOBLI,
BENGALURU SOUTH TALUK,
BENGALURU.
SINCE DEAD REP BY LRS.
A. SRI MOHAN RAJU,
S/O LATE S. ANANTHA RAJU,
AGED ABOUT 53 YEARS,
R/AT NEAR KALYAN MAGNUM,
DORESANIPALYA IIM POST.
18. M/S. ROHINI HOUSE BUILDERS AND INVESTMENT,
HAVING ITS HEAD OFFICE AT NO. 30/7,
MISSION ROAD, 3RD FLOOR,
BENGALURU 560027
19. SRI L. NAGARAJ,
S/O LATE K.N. LAKSHMAIAH REDDY,
AGED ABOUT 43 YEARS,
R/AT NO.473/C, 2ND B MAIN,
8TH BLOCK, KORAMANGALA,
BENGALURU 560095.
20. SRI S.N. JAYARAMA REDDY,
S/O NARAYANA REDDY,
AGED ABOUT 51 YEARS.
R/AT ARAKERE VILLAGE,
IIM POST, BANNERAGHATTA ROAD,
BENGALURU 560076.
21. M/S ENVIRO CONSTRUCION CO.,
A PARTNERSHIP FIRM HAVING ITS HEAD OFFICE AT
NO.93, 2ND BLOCK, 3RD STAGE,
INDUSTRIAL LAYOUT,
WEST OF CHORD ROAD,
BASAVESHWARA NAGAR,
BENGALURU 560079.
REP BY ITS PARTNERS SRI B.E. SATHISH,
S/O LATE E.R. EHIRAJAN.
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MFA No. 1116 of 2020
22. SMT. SUSHEELABAI K. CHHABRIA,
W/O K.H. CHHABRIA,
AGED ABOUT 85 YEARS.
NO.32, 33 AND 34, 3RD FLOOR,
NO.239, SNS CHAMBERS,
SANKEY ROAD, SADASHIVANAGAR,
BANGALORE 560080.
23. M/S. SANSADAN VIKAS LTD.,
A COMAPNY INCORPORATED UNDER THE
COMPANIES ACT,
R/AT NO.7/8, 2ND FLOOR, P.P. LANE,
S.P. ROAD CROSS, BENGALURU 560002.
REP BY ITS DIRECTOR
MR. DEEPAK KUMAR,
S/O LALHAR SINGH SIROYA.
...RESPONDENTS
(BY SRI R.S. MANJUNATHA, ADVOCATE FOR R-1,
VIDE ORDER DATED 11.02.2020,
NOTICE TO R-2 TO R-23 ARE DISPENSED WITH)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED 23.09.2019 PASSED ON IA NO.1
AND 3 IN O.S.NO.4815/2016 ON THE FILE OF THE V
ADDITIONAL CIVIL AND SESSION JUDGE, BENGALURU,
ALLOWING IA NO.1 FILED UNDER ORDER 39 RULES 1 AND 2 OF
CPC REJECTING IA NO.3 FILED UNDER ORDER 39 RULE 4 OF
CPC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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MFA No. 1116 of 2020
JUDGMENT
The learned counsel for the appellant has filed a
memo seeking permission of this Court to withdraw the
appeal as the same has become infructuous.
2. In view of the memo, the appeal is dismissed as
withdrawn.
Sd/-
JUDGE
MD
