Karnataka High Court
Smt M Rathnamma vs Smt Savithri Bai on 18 April, 2024
-1-
NC: 2024:KHC:15202
MFA NO.5974 OF 2017
C/W
MFA NO.5976 OF 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR. JUSTICE R. NATARAJ
MISCELLANEOUS FIRST APPEAL NO.5974 OF 2017 (CPC)
C/W
MISCELLANEOUS FIRST APPEAL NO.5976 OF 2017 (CPC)
IN M.F.A. NO.5974 OF 2017
BETWEEN:
SMT. M. RATHNAMMA
D/O LATE MUNISWAMAPPA
AGED ABOUT 63 YEARS,
R/AT NO.8, 4TH CROSS,
7TH BLOCK, JAYANAGAR
BENGALURU-560082.
...APPELLANT
Digitally signed (BY SRI. NISCHAL DEV, ADVOCATE)
by
MARKONAHALLI
RAMU PRIYA
Location: HIGH
AND:
COURT OF
KARNATAKA 1. SMT. SAVITHRI BAI
W/O LATE H.R. BADIGERA
AGED ABOUT 80 YEARS,
R/AT BETAGERI, GADAG,
DHARWAD - 582 101.
2. SRI. RUDRESH
S/O RAMACHANDRA SUNGAR AND
SMT. JAYASHREE (D/O LATE H.R. BADIGERA)
AGED ABOUT 36 YEARS
R/AT GANESH GUMER BUILDING,
TAGORE BUILDING ROAD,
-2-
NC: 2024:KHC:15202
MFA NO.5974 OF 2017
C/W
MFA NO.5976 OF 2017
GADAG,
DHARWAD - 582 101.
3. SMT. ARUNA RANGA
W/O SATHISH
(D/O SMT. GIRIJA AND LATE H.R. BADIGERA)
AGED ABOUT 36 YEARS,
R/AT NO.7/1101/28,
SGH COLONY, NEHRU GANJ
GULBARGA - 585 104.
4. SMT. ARATI
W/O AMARESH
(D/O SMT. GIRIJA AND LATE H.R. BADIGERA)
AGED ABOUT 33 YEARS
R/AT NEAR KALIKA SAW MILL MASKI(P),
LINGASAGUR TALUK,
RAICHUR - 584 124.
5. SRI. AJIT KUMAR T.H.
S/O H.H. THAMARAGUDDI &
LATE GIRIJA (D/O H.R. BADIGERA)
AGED ABOUT 29 YEARS
C/O SAVITHRI BAI BADIGERA,
TAGORE ROAD,
NEAR SHIORL HOSPITAL,
GADAG,
DHARWAD - 582 101.
6. SMT. BASAMMA
W/O MALLIKARJUNA
D/O LATE H.R. BADIGERA
AGED ABOUT 31 YEARS.
7. KUM. ANNAPURNA
D/O LATE H.R. BADIGERA
AGED ABOUT 29 YEARS.
8. KUM. CHANDRAKALA
D/O LATE H.R. BADIGERA
AGED ABOUT 27 YEARS.
-3-
NC: 2024:KHC:15202
MFA NO.5974 OF 2017
C/W
MFA NO.5976 OF 2017
9. SRI. CHANDRAKANTH
@ CHANDRASHEKAR
S/O LATE H.R. BADIGERA
AGED ABOUT 25 YEARS.
RESPONENTS NO.6 TO 9 ARE
R/AT GADAG, BETAGERI,
GADAG,
DHARWAD - 582 101.
10. M/S. SREE SRINIVASA CONSTRUCTION CO.,
A REGISTERED PARTNERSHIP,
ESSAR MANSIONS, 1ST FLOOR,
RASHTRIYA VIDYALAYA ROAD,
REP. BY ITS MANAGING PARTNER
SRI. M.V. RAMAIAH.
11. THE BENGALURU DEVELOPMENT AUTHORITY
SANKEY ROAD,
K.P. WEST,
BENGALURU - 560 020.
...RESPONDENTS
(BY SRI. NARAYANA SWAMY P.M.,
ADVOCATE FOR R1 TO R10 (V/K NOT FILED);
SRI. SIDDARTH SUMAN, ADVOCATE FOR R10;
SRI. ASHWIN S. HALADY, ADVOCATE FOR R11)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
ORDER XLIII RULE 1(R) OF CODE OF CIVIL PROCEDURE
AGAINST THE ORDER DATED 04TH JULY, 2017 PASSED ON I.A.
NOS.III & IV OF 2016 AND V OF 2017 IN ORIGINAL SUIT
NO.25923 OF 2016 ON THE FILE OF THE IV ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU
(CCH-21) AND CONSEQUENTLY ALLOW THE APPLICATIONS
IA.III AND IV OF 2016 FILED IN ORIGINAL SUIT NO.25923 OF
2016.
IN M.F.A. NO.5976 OF 2017
BETWEEN:
SMT. M. RATHNAMMA
D/O LATE MUNISWAMAPPA
-4-
NC: 2024:KHC:15202
MFA NO.5974 OF 2017
C/W
MFA NO.5976 OF 2017
AGED ABOUT 63 YEARS.
R/AT NO.8, 4TH CROSS, 7TH BLOCK
JAYANAGAR
BENGALURU -560 082.
...APPELLANT
(BY SRI. NISCHAL DEV, ADVOCATE)
AND:
1. SMT. SAVITHRI BAI
W/O LATE H.R. BADIGERA
AGED ABOUT 80 YEARS.
2. SMT. JAYASHREE
D/O LATE H.R. BADIGERA
AGED ABOUT 51 YEARS.
3. SMT. GIRIJA
D/O LATE H.R. BADIGERA
AGED ABOUT 48 YEARS.
4. SMT. BASAMMA
W/O MALLIKARJUNA KILLEDAR
D/O LATE H.R. BADIGERA
AGED ABOUT 44 YEARS.
5. KUM. ANNAPURNA
D/O LATE H.R. BADIGERA
AGED ABOUT 42 YEARS.
6. KUM. CHANDRAKALA
D/O LATE H.R. BADIGERA
AGED ABOUT 39 YEARS.
7. SRI. CHANDRAKANTH @ CHANDRASHEKAR
S/O. LATE H.R. BADIGERA
AGED ABOUT 37 YEARS.
ALL ARE RESIDENTS OF GADAG
BETAGERI, GADAG,
DHARWAD - 582 101.
...RESPONDENTS
(BY(SRI. SIDDARTH SUMAN, ADVOCATE FOR R1 AND R4 TO R7)
-5-
NC: 2024:KHC:15202
MFA NO.5974 OF 2017
C/W
MFA NO.5976 OF 2017
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
ORDER XLIII RULE 1(R) OF THW CODE OF CIVIL PROCEDURE
AGAINST THE ORDER DATED 04TH JULY, 2017 PASSED ON I.A.
NOS.I OF 2016 AND II OF 2017 IN ORIGINAL SUIT NO.25656
OF 2016 ON THE FILE OF THE IV ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU (CCH-21)
AND CONSEQUENTLY ALLOW THE APPLICATIONS IA.I OF 2016
FILED IN ORIGINAL SUIT NO.25656 OF 2016.
THESE APPEALS COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel appearing for the appellant submits that
these appeals have become infructuous as the suit from which
the present appeals arise, were disposed of. The submission is
placed on record.
2. Accordingly, these Miscellaneous First Appeals are
dismissed as having become infructuous.
3. In view of disposal of these appeals, pending
applications stands dismissed.
Sd/-
JUDGE
ARK
