Smt Bharathi Ramappa Eligar vs Sri P V Jayaprakash
2023 Latest Caselaw 8351 Kant

Karnataka High Court

Smt Bharathi Ramappa Eligar vs Sri P V Jayaprakash on 24 November, 2023

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                               -1-
                                                         NC: 2023:KHC:42383
                                                     MFA No. 6228 of 2017




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 24TH DAY OF NOVEMBER, 2023

                                          BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 6228 OF 2017 (CPC)
                   BETWEEN:

                   SMT BHARATHI RAMAPPA ELIGAR
                   D/O. RAMAPPA ELIGAR
                   AGED ABOUT 44 YEARS
                   R/AT NO.18/6/1, 6TH CROSS
                   7TH MAIN, BALAJI LAYOUT
                   PADMANABHANAGAR, BANGALORE-70
                   REPRESENTED BY HER
                   GENERAL POWER OF ATTORNEY HOLDER
                   SRI.BABU YALIGAR
                   S/O, LATE NAGAPPA
                   AGED ABOUT 48 YEARS
                   R/AT NO.507, 1ST FLOOR
                   SYNDICATE BANK BUILDING
                   9TH MAIN, B.SK. IIND STAGE
Digitally signed
                   BANGALORE-70.
by                                                            ...APPELLANT
DHANALAKSHMI
MURTHY
Location: High
                   (BY SRI. SOMASEKHARA K H., ADVOCATE)
Court of
Karnataka
                   AND:

                   1.    SRI P V JAYAPRAKASH
                         AGED ABOUT 50 YEARS
                         R/AT NO.1932, 3RD A MAIN ROAD
                         VIJAYANAGAR, 2ND STAGE
                         R.P.C. LAYOUT, BANGALORE-40.

                   2.    SRI P V BALACHANDRA
                         AGED ABOUT 49 YEARS
                              -2-
                                         NC: 2023:KHC:42383
                                       MFA No. 6228 of 2017




     R/AT NO.1932, 3RD "A" MAIN ROAD
     VIJAYANAGAR 2ND STAGE
     R.P.C. LAYOUT
     BANGALORE-560040.

3.   SRI FAKEER NAGAPPA SAVANOOR
     S/O.LATE NAGAPPA
     AGED ABOUT 56 YEARS
     R/AT NO.4077, 30TH CROSS
     18TH MAIN ROAD
     BANASHANKARI 2ND STAGE
     BANGALORE-560070.
                                           ...RESPONDENTS
(BY SRI. RAHUL S REDDY, ADVOCATE FOR R1 & R2:
NOTICE TO R3 IS SERVED AND UNREPRESENTED)


     THIS MFA IS FILED UNDER ORDER 43 RULE 1(r)
READ WITH SECTION 106 OF THE CODE OF CIVIL
PROCEDURE, AGAINST THE ORDER DATED 03.08.2017
PASSED ON I.A. NO.I IN O.S.NO. 5277/2017 ON THE FILE
OF THE VI ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, BENGALURU, ISSUING EMERGENT NOTICE OF
I.A.NO.1 AND SUIT SUMMONS TO DEFENDANTS IF
P.F.PAID, RETURNABLE BY 22.09.2017, FILED UNDER
ORDER 39 RULE 1 AND 2 OF CPC.

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

Learned counsel for the appellant filed a memo

stating that this appeal does not survive for consideration.

2. The memo is taken on record.

NC: 2023:KHC:42383

3. This appeal is dismissed as having become

infructuous.

Sd/-

JUDGE

CM