Sri H B Rajaram vs Sri C Lakshminarayana
2023 Latest Caselaw 7977 Kant

Karnataka High Court

Sri H B Rajaram vs Sri C Lakshminarayana on 21 November, 2023

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                                -1-
                                                       NC: 2023:KHC:41783
                                                      MFA No. 829 of 2017




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 21ST DAY OF NOVEMBER, 2023

                                           BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 829 OF 2017 (CPC)
                   BETWEEN:

                   SRI H B RAJARAM
                   S/O LATE DODDABYANNA
                   AGED ABOUT 68 YEARS
                   R/AT HULIMAVU VILLAGE
                   BEGUR HOBLI
                   BANGALORE SOUTH TALUK-560 076        ...APPELLANT


                   (BY SRI. S R HEGDE HUDLAMANE.,ADVOCATE)

                   AND:

                   1.    SRI C LAKSHMINARAYANA
                         S/O LATE CHOWDAPPA
                         AGED ABOUT 49 YEARS
                         R/A HULIMAVU VILLAGE
Digitally signed         BANNERGHATTA ROAD
by
DHANALAKSHMI             BANGALORE-560 076.
MURTHY
Location: High
Court of           2.    SRI S T SRINIVAS
Karnataka                S/O LATE C G THAMMAIAH,
                         AGED ABOUT 59 YEARS.

                   3.    SMT SINDOOR SRINIVAS
                         D/O S T SRINIVAS
                         AGED ABOUT 29 YEARS.

                   4.    SRI S T JAGADISH
                         S/O LATE C S THAMMAIAH
                         AGED ABOUT 53 YEARS.
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                                      NC: 2023:KHC:41783
                                     MFA No. 829 of 2017




5.   SMT T JAYANTHI
     D/O LATE C S THAMMAIAH
     AGED ABOUT 51 YEARS.

6.   SMT T JAYALAKSHMI
     D/O LATE C S THAMMAIAH
     AGED ABOUT 49 YEARS.

7.   SMT RADHAMMA
     W/O LATE C S PILLAIAH
     AGED ABOUT 67 YEARS

8.   SMT PARVATHI
     S/O LATE C S PILLAIAH
     AGED ABOUT 42 YEARS.

9.   SRI S P RAMDAS
     S/O LATE C S PILLAIAH
     AGED ABOUT 37 YEARS.

10. SRI S P DILIP
    S/O LATE C S PILLAIAH
    AGED ABOUT 32 YEARS.

11. SMT DEEPTHI
    D/O LATE C S PILLAIAH
    AGED ABOUT 32 YEARS

     R2 TO R11 ARE RESIDINETS OF
     NO.24,SUBBAIAHANAPALYA
     BANASVADI ROAD, BANGALORE-560 033.
                                          ...RESPONDENTS
(BY SRI. CHANDRASHEKARA N.,ADVOCATE FOR R1:
SRI. OMKARA MURTHY G, ADVOCATE FOR R2 TO R11)


     THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED:13.01.17 PASSED ON I.A.NO.1 IN
O.S.NO.1785/2015 ON THE FILE OF THE LIX ADDITIONAL CITY
CIVIL & SESSIONS JUDGE, & C/c OF X ADDITIONAL CITY CIVIL
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                                         NC: 2023:KHC:41783
                                        MFA No. 829 of 2017




& SESSIONS JUDGE, BANGALORE, REJECTING I.A.NO.1 FILED
U/O 39 RULE 1 & 2 OF CPC.

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

The learned counsel for the appellant has filed a

memo dated 21.11.2023 stating that the suit itself has

been disposed of and the appeal does not survive for

consideration.

2. The memo is taken on record.

3. This appeal is dismissed as having become

infructuous.

4. All pending applications stand disposed of.

Sd/-

JUDGE

CM