Sri K Jagdish Ponraj vs Sri A Muniraju
2023 Latest Caselaw 8749 Kant

Karnataka High Court

Sri K Jagdish Ponraj vs Sri A Muniraju on 28 November, 2023

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                              -1-
                                                          NC: 2023:KHC:42868
                                                         MFA No. 129 of 2016




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 28TH DAY OF NOVEMBER, 2023

                                           BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 129 OF 2016 (CPC)
                   BETWEEN:

                   1.    SRI K JAGDISH PONRAJ
                         S/O KANAGARAJ
                         AGED ABOUT 48 YEARS
                         NO 627/4 1ST MAIN
                         4TH CROSS DODDABANASWADI
                         BANGALORE - 43.

                   1(a) MRS. GODA PONRAJ
                       AGED ABOUT 36 YEARS
                       D/O LATE SRI. JAGADISH PONRAJ
                       W/O SATISH VIKRAM
                       R/O NO.627/4, 4TH CROSS, 1ST A- MAIN
                       BANASWADI, BENGALURU-43.

                   2.    SRI G CHANDRASHEKAR
Digitally signed         S/O LATE GOVINDA REDDY
by                       AGED ABOUT 40 YEARS
DHANALAKSHMI
MURTHY                   NO 228/1 JAYANTHINAGAR
Location: High           HORAMAVU, BANGALORE - 43.
Court of
Karnataka
                   3.    SRI FRANCIS SELVARAJ
                         S/O C P SELVARAJ
                         AGED ABOUT 30 YEARS
                         ESTHER ENTERPRISES NO 30
                         HBR LAYOUT RING ROAD
                         KALYANNAGAR POST
                         BANGALORE - 43
                                                               ...APPELLANTS
                   (BY SRI. M G KUMAR.,ADVOCATE)
                            -2-
                                     NC: 2023:KHC:42868
                                    MFA No. 129 of 2016




AND:

1.   SRI A MUNIRAJU
     S/O LATE K AVALAPPA
     AGED ABOUT 58 YEARS

2.   SMT RATHNAMMA
     W/O A MUNIRAJU
     AGED ABOUT 47 YEARS

3.   M PUSHPA
     D/O A MUNIRAJU
     AGED ABOUT 22 YEARS

4.   NETHRA M
     D/O A MUNIRAJU
     AGED ABOUT 16 YEARS

5.   ANANDHA M
     S/O A MUNIRAJU
     AGED ABOUT 14 YEARS

6.   CHITHRA M
     D/O A MUNIRAJU
     AGED ABOUT 12 YEARS

7.   SURESH M
     S/O A MUNIRAJU
     AGED ABOUT 10 YEARS

     R4 TO R7 ARE MINORS REPRESENTED BY
     THEIR NATURAL GUARDIAN A MUNIRAJU
     ALL ARE R/AT DODDA GUBBI VILLAGE POST
     BIDARAHALLI HOBLI, BENGALURU EAST TALUK.

8.   SRI RAMAKRISHNAPPA
     S/ VENKATESWAMAPPA
     AGED ABOUT 77 YEARS
     R/AT VENKATESHPURA VILLAGE
     JAKKUR POT YELAHANKA HOBLI
     BENGALURU NORTH TALUK
                                 -3-
                                             NC: 2023:KHC:42868
                                            MFA No. 129 of 2016




8(a) R MUNIRAJU
     S/O LATE RAMAKRISHNAPPA
     MAJOR
     R/A NANDANA ENCLAVE
     SY NO 22, VENKATESHPURA VILLAGE
     JAKKUR POST, YEALAHANKA HOBLI
     BENGALURU NORTH TALUK
                                                   ...RESPONDENTS
(BY SRI.SOWRABHA JEEVALA.,ADVOCATE FOR R3:
SRI. H.T. JAGANNATHA, ADVOCATE OF R8(a):
R4 TO R7 ARE MINOR REP. BY DECEASED R1 & R2)


       THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE
CPC, AGAINST THE ORDER DATED:23.09.15 PASSED ON IA
NO.7    IN   O.S.NO.1504/06     ON    THE   FILE   OF   THE   2ND
ADDITIONAL     SENIOR   CIVIL    JUDGE,     BENGALURU    RURUAL
DISTRICT, BENGALURU, DISMISSING THE IA NO.7 FILED
U/O.39 RULE 2(A) 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 18.7.2023 stating that the suit itself has

been disposed as withdrawn, as the dispute between

the parties has been compromised in the suit i.e.,

O.S.No.1504/2006. Hence, the present appeal does

NC: 2023:KHC:42868

not survive for consideration and same may be

dismissed as having become infructuous.

The memo is placed on record.

Accordingly, the appeal is dismissed as having

become infructuous.

All pending applications, if any, shall stand

disposed of.

Sd/-

JUDGE

DM