Sri. Afsar Khan vs Smt. Kamalamma
2023 Latest Caselaw 8232 Kant

Karnataka High Court

Sri. Afsar Khan vs Smt. Kamalamma on 23 November, 2023

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

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                                                           NC: 2023:KHC:42264
                                                         MFA No. 7073 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 23RD DAY OF NOVEMBER, 2023

                                            BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 7073 OF 2022 (CPC)
                   BETWEEN:

                   SRI. AFSAR KHAN
                   S/O LATE CHOTEJAN
                   AGED ABOUT 61 YEARS
                   BUSINESSMAN AND AGRICULTURIST
                   R/AT NO.7TH CROSS, R R NAGARA
                   MADDUR TOWN, MADDUR
                   MANDYA DISTRICT.
                                                                 ...APPELLANT
                   (BY SRI. T SESHAGIRI RAO.,ADVOCATE)

                   AND:

                   1.    SMT. KAMALAMMA
                         W/O LATE PUTTALINGAIAH
                         AGED ABOUT 66 YEARS
Digitally signed
by                       HOUSE WIFE
DHANALAKSHMI
MURTHY
Location: High     2.    SRI MAHESH D P
Court of                 S/O LATE PUTTALINGAIAH
Karnataka
                         AGED ABOUT 41 YEARS
                         AGRICULTURIST

                   3.    SMT VEENA
                         W/O MAHESH D P
                         AGED ABOUT 36 YEARS
                         HOUSE WIFE

                   4.    SRI RAMESH D P
                         S/O LATE PUTTALINGAIAH
                         AGED ABOUT 39 YEARS
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                                         NC: 2023:KHC:42264
                                       MFA No. 7073 of 2022




     AGRICULTURIST

5.   SRI BORANNA D P
     S/O LATE PUTTALINGAIAH
     AGED ABOUT 37 YEARS
     AGRICULTURIST

6.   SMT LATHA
     W/O BORANNA D P
     AGED ABOUT 31 YEARS
     HOUSEWIFE

7.   SMT M SACHIN
     S/O MAHESH D P
     AGED ABOUT 21 YEAS
     HOUSE WIFE

8.   SMT M SANJANA
     D/O MAHESH D P
     AGED ABOUT 19 YEARS
     HOUSE WIFE

9.   SRI ASHOKA D R
     S/O RAMEGOWDA
     AGED ABOUT 46 YEARS
     AGRICULTURIST
     ALL ARE R/AT DESHAHALLI VILLAGE
     KASABA HOBLI MADDUR TALUK
     MANDYA DISTRICT
                                            ...RESPONDENTS
(BY SMT. ARCHANA MURTHY., ADVOCATE FOR C/R9:
NOTICE NOT ORDERED IN RESPECT OF R1 TO R8 )
     THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED 04.08.2022 PASSED ON I.A.
NO.1 IN O.S.NO. 138/2021 ON THE FILE OF THE ADDITIONAL
SENIOR CIVIL JUDGE AND JMFC, MADDUR, MANDYA DISTRICT,
DISMISSING I.A. NO.1 FILED UNDER ORDER XXXIX RULE 1
AND 2 READ WITH SECTION 151 OF CPC.

     THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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                                         NC: 2023:KHC:42264
                                      MFA No. 7073 of 2022




                         JUDGMENT

Learned counsel for the appellant filed a memo

stating that the parties have settled the matter in the suit

and this appeal does not survive for consideration.

2. The memo is taken on record.

3. This appeal is dismissed as having become

infructuous.

Sd/-

JUDGE

CM