Karnataka High Court
Mr Shashidhar J S vs Mr.Raghuram.R on 22 November, 2023
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2023:KHC:41943
MFA No. 3108 of 2022
C/W MFA No. 8032 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 3108 OF 2022 (CPC)
C/W
MISCELLANEOUS FIRST APPEAL NO. 8032 OF 2022(CPC)
IN MFA 3108/2022
BETWEEN:
1. MR SHASHIDHAR J S
S/O LATE A.SRINIVASMURTHY
AGED ABOUT 49 YEARS.
2. MR.VENKATESH J.S.
S/O LATE A.SRINIVASMURTHY
AGED ABOUT 51 YEARS
BOTH ARE R/AT NO.58
6TH C CROSS, JAKKUR VILLAGE
YELAHANKA HOBLI
NORTH TALUK, BENGALURU-560 064.
...APPELLANTS
Digitally signed
by (BY SRI. SAI KIRAN R., ADVOCATE)
DHANALAKSHMI
MURTHY
Location: High AND:
Court of
Karnataka
MR.RAGHURAM.R
S/O LATE RAMACHANDRAPPA
AGED ABOUT 48 YEARS
MANAGING DIRECTOR OF
M/S. R.S. RAM PROPERTIES (P) LTD
NO.27/1, 10TH MAIN, 17TH CROSS
MALLESWARAM, BENGLAURU-560 055.
...RESPONDENT
(BY SRI.N JAI PRAKASH RAO .,ADVOCATE FOR C/R)
-2-
NC: 2023:KHC:41943
MFA No. 3108 of 2022
C/W MFA No. 8032 of 2022
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED:08.02.2022 PASSED ON IA NO.1
TO 3 IN O.S.NO.4141/2021 ON THE FILE OF THE XIV
ADDITIONAL CITY CIVIL JUDGE, BENGALURU, (CCH NO.28),
DISMISSING IA NO.1 AND 2 FILED UNDER ORDER 39 RULE 1
AND 2 R/W SECTION 151 OF CPC AND ALLOWING IA NO.3
FILED U/O.39 RULE 4 R/W SECTION 151 OF CPC.
IN MFA 8032/2022
BETWEEN:
1. MR SHASHIDHAR J S
S/O LATE A.SRINIVASMURTHY
AGED ABOUT 49 YEARS.
2. MR.VENKATESH J.S.
S/O LATE A.SRINIVASMURTHY
AGED ABOUT 51 YEARS
BOTH ARE R/AT NO.58
6TH C CROSS, JAKKUR VILLAGE
YELAHANKA HOBLI
NORTH TALUK, BENGALURU-560 064.
...APPELLANTS
(BY SRI. SAI KIRAN R., ADVOCATE)
AND:
1. MR.RAGHURAM.R
S/O LATE RAMACHANDRAPPA
AGED ABOUT 48 YEARS
MANAGING DIRECTOR OF
M/S. R.S. RAM PROPERTIES (P) LTD
NO.27/1, 10TH MAIN, 17TH CROSS
MALLESWARAM, BENGLAURU-560 055.
2. M/S R.S.RAM PROPERTIES (P) LTD.,
A COMPANY INCORPORATED UNDER COMPANIES
ACT AND HAVING ITS REGISTERED
OFFICE AT NO.27/1, 10TH MAIN, 17TH CROSS
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NC: 2023:KHC:41943
MFA No. 3108 of 2022
C/W MFA No. 8032 of 2022
MALLESWARAM, BENGLAURU-560 055
REPRESENTED BY ITS MANAGING DIRECTOR
MR. RAGHURAM R
AGED ABOUT 49 YEARS
S/O LATE RAMACHANDRAPPA
3. MR. G.S. MANJUNATH
AGED ABOUT 63 YEARS
S/O MR G H SRIKANTAPPA
NO.59, BELAKU, 4TH MAIN
3RD STAGE, 2ND BLOCK
BASAVESHWARNAGAR
BENGALURU-5600079.
4. MRS. ASHA MANJUNATH
AGED ABOUT 61 YEARS
W/O MR. G.S. MANJUNATH
NO.59, BELAKU, 4TH MAIN
3RD STAGE, 2ND BLOCK
BASAVESHWARNAGAR
BENGALURU-5600079.
R3 AND R4 ARE REPRESENTED BY
THEIR GPA HOLDER MR. RAGHURAM R
MANAGING DIRECTOR.
...RESPONDENTS
(BY SRI.N JAI PRAKASH RAO .,ADVOCATE FOR R1 & R2:
NOTICE TO R3 & R4 ARE SERVED AND UNREPRESENTED)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(q) OF CPC,
AGAINST THE ORDER DATED:08.07.2022 PASSED ON IA NO.1
IN O.S.NO.2405/2022 ON THE FILE OF THE XIV ADDITIONAL
CITY CIVIL JUDGE, BENGALURU, (CCH NO.28), DISMISSING
IA NO.1 FILED UNDER ORDER 39 RULE 5 OF CPC.
THIESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2023:KHC:41943
MFA No. 3108 of 2022
C/W MFA No. 8032 of 2022
JUDGMENT
Learned counsel for the appellants filed a memo
seeking leave of this Court to withdraw these appeals.
2. The memo is taken on record.
3. These appeals are dismissed as withdrawn.
Sd/-
JUDGE
CM
