Karnataka High Court
Smt Gayathri N vs Smt N Shantha @ Shanthakumari on 21 September, 2023
Bench: H T Prasad
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NC: 2023:KHC:34176
MFA No. 5560 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 5560 OF 2023 (CPC)
BETWEEN:
1. SMT GAYATHRI N
W/O LATE B N JAGANNATHAREDDY
AGED ABOUT 50 YEARS
R/A NO.64/2, SYNDICATE BANK COLONY
GURURAJA LAYOUT, BSK III STAGE
BENGALURU-560085.
2. SMT B J PRATHIBA
W/O SRI K JAYAGOPAL
AGED ABOUT 40 YEARS
R/A NO.52, NETHAJI ROAD
2ND BLOCK, T R NAGAR, BENGALURU-560023.
3. SMT B J SARITHA
W/O SRI VENAKTARAMA REDDY
AGED ABOUT 37 YEARS
R/A NO.64/2, SYNDICATE BANK COLONY
Digitally signed GURURAJA LAYOUT, BSK III STAGE
by BENGALURU-560085.
DHANALAKSHMI
MURTHY
Location: High 4. SMT B J SAVITHA
Court of W/O SRI G R SUNIL KUMAR
Karnataka
AGED ABOUT 35 YEARS
R/A NO.181/181, GOTTIGERE VILLAGE
BANNERUGHATTA ROAD, BENGALURU-560083.
...APPELLANTS
(BY SRI. B. B. BALLARI, ADVOCATE)
AND:
1. SMT N SHANTHA @ SHANTHAKUMARI
D/O LATE B NARAYANASWAMY REDDY
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NC: 2023:KHC:34176
MFA No. 5560 of 2023
SINCE DECEASED REP BY
HER LEGAL REPRESENTATIVES
1(A) SRI. P S MADHSUDAN
S/O LATE N SHANTHA
AGED ABOUT 62 YEARS
1(B) SMT S SHYLAJA
D/O LATE N SHANTHA
AGED ABOUT 60 YEARS
1(C) SMT RANJTHA VASU
W/O LATE P S VASU
AGED ABOUT 46 YEARS
1(D) MISS SOUJANYA P V
D/O LATE P S VASU
AGED ABOUT 28 YEARS
1(E) SMT GANGANA P V
D/O LATE P S VASU
AGED ABOUT 25 YEARS
R1(A) TO (E) ARE R/AT
No.29, 6TH CROSS, 4TH MAIN
RAJAJINAGARA INDUSTRIAL TOWN
BENGALURU-560010.
2. SMT SARASWATHI B R
AGED ABOUT 48 YEARS
M/S ELMEC TECHNOPAC
MACHINERIES PVT LTD
NO.37/38, GROUND FLOOR
TCM ROYAN ROAD
BENGALURU-560053.
3. SRI SHIVAPRATHAP H R
S/O RAMAKRISHNA MURTHY
AGED ABOUT 58 YEARS
M/S ELMEC TECHNOPAC MACHINERIES PVT LTD
NO.37/38, GROUND FLOOR
TCM ROYAN ROAD, BENGALURU-560053.
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NC: 2023:KHC:34176
MFA No. 5560 of 2023
4. SRI S GANESH KUMAR
AGED MAJOR
S/O SENTHIAPPA NADAR
AT BENGALURU OFFSET PRINTERS
NO.37/38, GROUND FLOOR
TCM ROYAN ROAD
BENGALURU-560053.
5. SRI G ARMUGA SWAMY
S/O GANESH KUMAR
AGED ABOUT 39 YEARS
M/S KARUNA PRINTERS
NO.37/38, GROUND FLOOR
TCM ROYAN ROAD
BENGALURU-560053.
6. SRI S NARASIMHA MURTHY
AGED ABOUT 61 YEARS
S/O N SHIVAPPA
AT NO.38, GROUND FLOOR
TCM ROYAN ROAD
BENGALURU-560053.
7. SRI G RAMESH
S/O GOVINDASWAMY
AGED MAJOR
NO.37, GROUND FLOOR
TCM ROYAN ROAD, BENGALURU-560053.
8. SRI MAHESHA T
S/O THYAGARAJ
AGED ABOUT 36 YEARS
AT M/S ELMEC TECHNOPAC
NO.38, FIRST FLOOR, TCM ROYAN ROAD
BENGALURU-560053.
9. SRI NARAYANA
AGED MAJOR
AT NO.37, FIRST FLOOR
TCM ROYAN ROAD, BENGALURU-560053
...RESPONDENTS
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NC: 2023:KHC:34176
MFA No. 5560 of 2023
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED:06.06.2023 PASSED IN MISC.
NO.629/2019 ON THE FILE OF THE LII ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE, BENGALURU, (CCH-53), ALLOWING THE
PETITION FILED U/O.9 RULE 4 R/W 141 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 21.9.2023 stating that the appellants seek
permission of this Court to withdraw the appeal with
liberty to approach the appropriate legal forum.
The memo is placed on record.
Accordingly, the appeal is dismissed as withdrawn
with liberty to the appellants to approach the appropriate
legal forum.
In view of dismissal of the appeal, all pending I.As., if
any, do not survive for consideration and hence, they are
dismissed accordingly.
Sd/-
JUDGE
DM
