Karnataka High Court
Shri. Murali vs Shri. Hanumantha Kumar on 23 May, 2023
Bench: H.P.Sandesh
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MFA No. 4591 of 2016
C/W MFA No. 4592 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF MAY, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO.4591 OF 2016 (CPC)
C/W
MISCELLANEOUS FIRST APPEAL NO.4592 OF 2016 (CPC)
IN MFA NO.4591 OF 2016:
BETWEEN:
1. SHRI.MURALI
S/O LATE KAMALAMMA &
MANJUNATH
AGED ABOUT 29 YEARS,
2. SMT. LAKSHMI
D/O LATE KAMALAMMA &
MANJUNATH,
AGED ABOUT 26 YEARS,
Digitally signed
by SHARANYA T NO.1 AND 2 ARE R/AT NO.288
Location: HIGH ANCHIGERI, KENGERI,
COURT OF BANGALORE-560 060.
KARNATAKA
3. SMT. MEENA
AGED ABOUT 45 YEARS,
D/O LATE SIDDAPPA
W/O MUTHURAYAPPA,
R/AT 'VAISHNAVI BUILDING',
KETHAGANAHALLI VILLAGE,
BIDADI HOBLI,
RAMANAGARAM TALUK DISTRICT.
...APPELLANTS
(BY SRI V.VISWANATHA SETTY, ADVOCATE)
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MFA No. 4591 of 2016
C/W MFA No. 4592 of 2016
AND:
1. SHRI. HANUMANTHA KUMAR
S/O LATE SIDDAPPA,
AGED ABOUT 53 YEARS,
R/AT NO.25, 15TH CROSS, MTS LAYOUT,
SATELLITE TOWN, KENGERI,
BANGALORE-560 060
2. SRI SRIDHARAN
SINCE DECEASED BY HIS LRS
2(a) SMT. K.P. KAMALAMMA
W/O LATE SRIDHARAN
MAJOR,
2(b) SMT. SHREEKALA
D/O LATE SRIDHARAN
MAJOR,
2(c) KUM. SHALINI
D/O LATE SRIDHARAN
MAJOR,
2(d) KUM. SREEJA
D/O LATE SRIDHARAN
MAJOR,
NO.2(a) to 2(d) ARE R/AT NO.5
GOPALAN ENTERPRISES
RICHMOND TOWN
BANGALORE-560 025
3. SHRI ANJANI
SINCE DECEASED BY HIS LRS
3(a) SMT. MEENA W/O LATE ANJANI
AGED ABOUT 43 YEARS,
3(b) KUM. REVATHI D/O LATE ANJANI
AGED ABOUT 23 YEARS,
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MFA No. 4591 of 2016
C/W MFA No. 4592 of 2016
3(c) CHI. ABHISHEK S/O LATE ANJANI
AGED ABOUT 22 YEARS,
NO.3(a) to 3(c) ARE R/AT NO.911
SUCOOR CIRCLE, KENGERI
BANGALORE-560 060
4. M. SURESH
S/O B. MUNIRAMASWAMY,
MAJOR, R/AT NOS.16 AND 17,
DAIVA KRUPA,
CHIKKALASANDRA,
SUBRAMANYAPURA POST,
BANGALORE-560 061
5. SHRI ANANTHA PADMANABHA
AGED ABOUT 54 YEARS,
S/O S.K. RAGHAVENDRACHAR
R/AT NO.117, 'ASHIRVAD'
80 FT. ROAD, SBM COLONY,
BSK I STAGE,
BANGALORE-560 050
6. SMT. SHOBHA
AGED ABOUT 43 YEARS,
D/O LATE SIDDAPPA,
R/AT NO.363,
YELLAMMA TEMPLE ROAD,
KENGERI
BANGALORE-560 060
...RESPONDENTS
[BY MS.BHAVANA, ADVOCATE FOR
SRI. R. PURUSHOTAM, ADVOCATE FOR C/R2(a to d)]
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC
AGAINST THE ORDER DATED 30.04.2016 PASSED ON I.A.NO.1
IN O.S.NO.813/2012 ON THE FILE OF THE IX ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH-5),
DISMISSING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1
AND 2 OF CPC.
-4-
MFA No. 4591 of 2016
C/W MFA No. 4592 of 2016
IN MFA NO.4592 OF 2016:
BETWEEN:
1. SHRI.MURALI
S/O LATE KAMALAMMA &
MANJUNATH
AGED ABOUT 29 YEARS,
2. SMT. LAKSHMI
D/O LATE KAMALAMMA &
MANJUNATH,
AGED ABOUT 26 YEARS,
APPELLANT NOS.1 AND 2 ARE R/AT NO.288
ANCHIGERI, KENGERI,
BANGALORE.
3. SMT. MEENA
AGED ABOUT 45 YEARS,
D/O LATE SIDDAPPA
W/O MUTHURAYAPPA,
R/AT 'VAISHNAVI BUILDING',
KETHAGANAHALLI VILLAGE,
BIDADI HOBLI,
RAMANAGARAM TALUK DISTRICT.
...APPELLANTS
(BY SRI V.VISWANATHA SETTY, ADVOCATE)
AND:
1. SHRI. HANUMANTHA KUMAR
S/O LATE SIDDAPPA,
AGED ABOUT 53 YEARS,
R/AT NO.25, 15TH CROSS, MTS LAYOUT,
SATELLITE TOWN, KENGERI,
BANGALORE-560 060
2. SRI SRIDHARAN
SINCE DECEASED BY HIS LRS.,
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MFA No. 4591 of 2016
C/W MFA No. 4592 of 2016
2(a) SMT. K.P.KAMALAMMA
W/O LATE SRIDHARAN
MAJOR,
2(b) SMT. SHREEKALA
D/O LATE SRIDHARAN
MAJOR,
2(c) KUM. SHALINI
D/O LATE SRIDHARAN
MAJOR,
2(d) KUM. SREEJA
D/O LATE SRIDHARAN
MAJOR,
NO.2(a) to 2(d) ARE R/AT NO.5
GOPALAN ENTERPRISES
RICHMOND TOWN
BANGALORE-560025
3. SHRI ANJANI
SINCE DECEASED BY HIS LRS.,
3(a) SMT. MEENA W/O LATE ANJANI
AGED ABOUT 43 YEARS,
3(b) KUM. REVATHI D/O LATE ANJANI
AGED ABOUT 23 YEARS,
3(c) CHI. ABHISHEK S/O LATE ANJANI
AGED ABOUT 22 YEARS,
NO.3(a) to 3(c) ARE R/AT NO.911
SUCOOR CIRCLE, KENGERI
BANGALORE-560060
4. M. SURESH
S/O B. MUNIRAMASWAMY,
MAJOR, R/AT NO.16 AND 17,
DAIVA KRUPA,
CHIKKALASANDRA,
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MFA No. 4591 of 2016
C/W MFA No. 4592 of 2016
SUBRAMANYAPURA POST,
BANGALORE-560061
5. SRI ANANTHA PADMANABHA
AGED ABOUT 54 YEARS,
S/O S.K. RAGHAVENDRACHAR
R/AT NO.117, 'ASHIRVAD'
80 FT ROAD, SBM COLONY,
BSK I STAGE,
BANGALORE-560050
6. SMT. SHOBHA
AGED ABOUT 43 YEARS,
D/O LATE SIDDAPPA,
R/AT NO.363,
YELLAMMA TEMPLE ROAD,
KENGERI
BANGALORE-560060
...RESPONDENTS
(BY MS.BHAVANA, ADVOCATE FOR
SRI. K. CHANDRAKANATHA PATIL, ADVOCATE FOR C/R2(a to d)
SRI B.R.SATISH, ADVOCATE FOR R6)
THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST
THE ORDER DATED 30.04.2016 PASSED ON I.A.NO.2 IN
O.S.NO.813/2012 ON THE FILE OF THE IX ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH-5),
DISMISSING THE I.A.NO.2 FILED UNDER ORDER 39 RULE 1
AND 2 R/W SECTION 151 OF CPC.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel appearing for the appellants would
submit that the parties have settled the matter before the Trial
MFA No. 4591 of 2016
C/W MFA No. 4592 of 2016
Court in respect of item No.1. Hence, these two appeals may
be dismissed as having become infructuous.
2. The submission of the learned counsel for the
appellants is taken on record.
3. Accordingly, the appeals are dismissed as having
become infructuous.
4. In view of dismissal of the appeals, I.As, if any, do
not survive for consideration, the same stands disposed of.
Sd/-
JUDGE
CP
