Karnataka High Court
Honnamma vs Smt Rudramma on 21 June, 2023
Bench: H.P.Sandesh
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NC: 2023:KHC:21385
MFA No. 2211 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO.2211 OF 2023 (CPC)
BETWEEN:
HONNAMMA,
W/O HANUMANTHAPPA,
(D/O. HONNAPPA),
AGED ABOUT 66 YEARS,
R/O SIDDARAHALLI VILLAGE,
LINGADAHALLI HOBLI,
TARIKERE TALUK,
R/O JAYANAGARA, HONALLI, TALUK,
DAVANGERE DISTRICT-577002.
...APPELLANT
(BY SRI GIRISH B. BALADARE, ADVOCATE)
AND:
Digitally signed 1. SMT. RUDRAMMA,
by SHARANYA T
W/O HONNAPPA,
Location: HIGH
COURT OF AGED ABOUT 59 YEARS,
KARNATAKA HOUSEHOLD WORK,
R/O NEAR BSM HOSTEL,
SIGEBAGI BHADRAVATHI TOWN,
SHVIAMOGGA DISTRICT-577201.
SMT. SUNDRAMMA,
W/O PARASAPPA,
DEAD BY LRS.
2. MANJAPPA (DRIVER),
S/O PARASHAPPA,
AGED ABOUT 46 YEARS,
R/O SRINIVAS TRADERS,
NO.111, 3RD MAIN, MARUTHI LAYOUT,
VASANTHAPURA, BANGALORE-61.
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MFA No. 2211 of 2023
3. YALLAPPA (DRIVER),
S/O PARASHAPPA,
AGED ABOUT 44 YEARS,
R/O THIRUMALA TRADERS,
NO.612, BANASHANKARI 6TH STAGE,
5TH BLOCK, BANGALORE-560062.
4. SMT. PRAMEELA,
W/O LATE ERAPPA,
AGED ABOUT 64 YEARS,
HOUSEHOLD WORK.
5. PRASANNA KUMARA,
S/O LATE ERAPPA,
AGED ABOUT 44 YEARS,
AGRICULTURIST.
6. VIJAYA KUMARA,
S/O LATE ERAPPA,
AGED ABOUT 39 YEARS,
AGRICULTURIST.
7. MANJUNATHA,
S/O LATE ERAPPA,
AGED ABOUT 43 YEARS,
AGRICULTURIST.
R4 TO R7 ARE R/O LINGADAHALLI VILLAGE,
LINGADAHALLI HOBLI,
TARIKERE TALUK,
CHIKKAMAGALUR DIST-577101.
8. MANJULA (GARE MANJULAMMA),
W/O LATE KRISHNAPPA (GOVINDAPPA),
AGED ABOUT 66 YEARS,
HOUSEHOLD WORK,
R/O GURUPURA VILLAGE,
BESIDE JALLI CRUSHER,
SHIVAMOGGA TOWN-577201.
YOGISHA,
S/O LATE GOVINDAPPA.
DEAD BY LRS.
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MFA No. 2211 of 2023
9. KAVITHA,
W/O LATE YOGISHA,
AGED ABOUT 39 YEARS,
HOUSEWIFE, R/O GURUPURA VILLAGE,
BESIDE JALLI CRUSHER,
SHIVAMOGGA TOWN-577201.
10. NETHRAVATHI,
D/O LATE GOVINDAPPA,
W/O MANJAPPA (DRIVER),
AGED ABOUT 36 YEARS,
HOUSEHOLD WORK, R/O SRINIVAS TRADERS,
NO.111, 3RD MAIN,
MARUTHI LAYOUT, VASANTHAPURA,
BANGALORE-61.
11. MUDLAPPA,
S/O HONNAPPA,
AGED ABOUT 66 YEARS,
AGRICULTURIST,
R/O NEAR BSM HOSTEL, SIGEBAGI,
BHADRAVATHI TOWN,
SHIVAMOGGA DISTRICT-577201.
12. SURESHA,
S/O HONNAPPA,
AGED ABOUT 59 YEARS,
AGRICULTURIST,
R/O KULUME STREET,
LINGADAHALLI VILLAGE,
TARIKERE TALUK,
CHIKKAMAGALURU DIST-5.
...RESPONDENTS
(R2 AND R5 ARE SERVED)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(d) OF CPC,
AGAINST THE ORDER DATED 03.02.2023 PASSED IN
C.MISC.NO.3/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND PRINCIPAL JMFC, TARIKERE, DISMISSING THE PETITION
FILED UNDER ORDER IX RULE 13 READ WITH SECTION 151 OF
CPC.
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MFA No. 2211 of 2023
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for the appellant has filed a
memo seeking permission of this Court to withdraw the
appeal with liberty to present the same before the proper
Court having jurisdiction.
2. In view of the memo, the appeal is dismissed as
withdrawn with liberty as sought.
Sd/-
JUDGE
MD
