Citation : 2023 Latest Caselaw 8567 Kant
Judgement Date : 27 November, 2023
-1-
NC: 2023:KHC:42638
MFA No. 4667 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 4667 OF 2022 (CPC)
BETWEEN:
1. MS PONNAM SARDA
D/O SRI HANUMAN DAS SARDA
AGED 41 YEARS
R/A 486, 1ST FLOOR
W.O.C ROAD, GROUND FLOOR
2ND STAGE, 2ND PHASE
BENGALURU - 560 086
REP BY HER NEXT FRIEND AND BROHER
PRAKASH SARDA
S/O SRI HANUMAN DAS SARDA
AGED 54 YEARS
R/A 486 W.O.C ROAD
GROUND FLOOR 2ND STAGE
2ND PHASE, BENGALURU - 560 086.
2. PRAKASH SARDA
S/O SRI HANUMAN DAS SARDA
Digitally signed AGED 54 YEARS
by
DHANALAKSHMI R/A 486 W.O.C ROAD
MURTHY
Location: High
GROUND FLOOR, 2ND STAGE
Court of 2ND PHASE, BENGALURU - 560 086
Karnataka
...APPELLANTS
(BY SRI. MOHAMMED AKHIL.,ADVOCATE)
AND:
1. SRI HANUMAN DAS SARDA
S/O LATE BHIKHAM CHAND SARDA
AGED 75 YEARS
R/AT 486, W.O.C ROAD
GROUND FLOOR, 2ND STAGE
2ND PHASE, BENGALURU - 560 086.
-2-
NC: 2023:KHC:42638
MFA No. 4667 of 2022
2. SRI ANURAG SARDA
S/O HANUMAN DAS SARDA
AGED 47 YEARS
R/AT 486, W.O.C ROAD
GROUND FLOOR, 2ND STAGE
2ND PHASE, BENGALURU - 560 086.
3. SRI ANAND SARDA
S/O SRI HANUMAN DAS SARDA
AGED 45 YEARS
R/AT 486, W.O.C ROAD
GROUND FLOOR, 2ND STAGE
2ND PHASE, BENGALURU - 560 086.
4. SRI ASHISH SARDA
S/O SRI HANUMAN DAS SARDA
AGED 43 YEARS
R/AT 486, W.O.C ROAD
GROUND FLOOR, 2ND STAGE
2ND PHASE, BENGALURU - 560 086.
5. THE CHIEF MANAGER
CANARA BANK
SME PEENYA BRANCH
BENGALURU - 560 058.
6. SMT. SUMA BHATHIJA
D/O VASUMAL BHATIJA
AGED 49 YEARS
REP BY HER NEXT FRIEND AND BROHTER
SRI JITHENDRA BHATHIJA
AGED 56 YEARS
S/O VASUMAL BHATHIJA
R/A NO.15, SWATHI MAIN
LAKSHMI ROAD, 5TH CROSS
SHANTHINAGAR, BENGALURU - 560 027.
7. SRI JITHENDRA BHATIJA
S/O VASUMAL BHATIJA
AGED 56 YEARS
-3-
NC: 2023:KHC:42638
MFA No. 4667 of 2022
R/A 15 SWATHI MAIN LAKSHMI ROAD
5TH CROSS, SHANTHINAGAR
BENGALURU - 560 027.
8. SRI G M LINGARAJU
S/O SRI G MUNIYELLAPPA
AGED 51 YEARS
R/AT GEM HOUSE, MAIN ROAD
BHEEMASAMUDRA
CHITRADURGA TALUK
REP BY HIS POA HOLDER
SRI PURUSHOTTHAM
9. SMT. SHIVAMMA
D/O LATE THIMMAIAH
AGED 52 YEARS
10. SRI MUNIKRISHNA
S/O LATE THIMMAIAH
AGED 50 YEARS
11. SMT. MUNIRATHNA
D/O LATE THIMMAIAH
AGED 46 YEARS
12. SMT. SAKAMMA
D/O LATE THIMMAIAH
AGED 40 YEARS
13. SRI HARISH
S/O LATE THIMMAIAH
AGED 30 YEARS
R9 TO R13 ARE R/AT NO. 45/4
2ND MAIN, 3RD CROSS
HOSAHALLI VIJAYANAGAR
BENGALURU - 560 040.
...RESPONDENTS
(BY SRI.VIKRAM UNNI RAJAGOPAL., ADVOCATE FOR R5:
NOTICE TO R1 TO R4 & R7 TO R13 SERVED
AND UNREPRESENTED
NOTICE TO R6 & R10 UNSERVED)
-4-
NC: 2023:KHC:42638
MFA No. 4667 of 2022
THIS MFA IS FILED UNDER SECTION 104 R/W ORDER 43
RULE 1(r) OF CPC, AGAINST THE ORDER DATED:03.06.2022
PASSED ON IA NO.II TO IV IN O.S.NO.4878/2021 ON THE FILE
OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
(CCH-15), BENGALURU, REJECTING IA NO.2 TO 4 FILED
U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for the appellants has filed a
memo dated 7.11.2022 seeking permission of this
Court to withdraw the appeal as not pressed.
The memo is placed on record.
Accordingly, the appeal is dismissed as
withdrawn.
All pending applications, if any, shall stand
disposed of.
Sd/-
JUDGE
DM
Publish Your Article
Campus Ambassador
Media Partner
Campus Buzz
LatestLaws.com presents: Lexidem Offline Internship Program, 2026
LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!