Smt Aishwarya Reddy S vs Sri Munikrishnappa
2024 Latest Caselaw 3143 Kant

Karnataka High Court

Smt Aishwarya Reddy S vs Sri Munikrishnappa on 1 February, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                               -1-
                                                           NC: 2024:KHC:4641
                                                        MFA No. 8459 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 1ST DAY OF FEBRUARY, 2024

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   MISCELLANEOUS FIRST APPEAL NO. 8459 OF 2023 (CPC)

                   BETWEEN:

                   1.    SMT. AISHWARYA REDDY S.,
                         D/O SOMASHEKARA REDDY,
                         AGED ABOUT 27 YEARS,
                         R/OF NO.9/331,
                         MUNIVENKATAPPA LAYOUT
                         ANEKAL TALUK
                         BENGALURU-560102

                   2.    SRI. SHREYAS Y.,
                         S/O SRI. YERRAPPA REDDY N,
                         AGED ABOUT 32 YEARS,
                         R/AT NO.30, 27TH MAIN,
                         7TH CROSS,
Digitally signed         NEAR THIRUMALA THEATRE,
by SHARANYA T            1ST SECTOR, HSR LAYOUT,
Location: HIGH           BENGALURU-560102
COURT OF
KARNATAKA
                         PRESENTLY BOTH ARE
                         R/OF NO.30, 27TH MAIN,
                         7TH CROSS
                         NEAR THIRUMALA THEATRE
                         1ST SECTOR, HSR LAYOUT
                         BENGLAURU-560102.
                                                               ...APPELLANTS

                                (BY SRI. BASAVARAJU P., ADVOCATE)
                            -2-
                                        NC: 2024:KHC:4641
                                     MFA No. 8459 of 2023




AND:

1.   SRI MUNIKRISHNAPPA
     S/O LATE DODDA THIMMARAYAPPA,
     AGED ABOUT 62 YEARS,
     R/OF MADAPPANAHALLI VILLAGE,
     SARJAPURA HOBLI,
     ANEKAL TALUK,
     BENGALURU-562125

2.   SRI. T.P. DAYANANDA REDDY
     S/O PILLA REDDY,
     AGED ABOUT 60 YEARS,
     R/OF NO.210,
     TUBARAHALLIL VILLAGE,
     RAMAGONDANAHALLI POST,
     BENGALURU EAST TALUK,
     BENGALURU-560066
                                          ...RESPONDENTS

          (BY SRI. SOURABH R.K., ADVOCATE C/R1)


       THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC,
AGAINST THE ORDER DT.30.10.2023 PASSED ON IA NO.1 IN
O.S.NO.259/2022 ON THE FILE OF THE PRL. CIVIL JUDGE AND
JMFC, ANEKAL, ALLOWING IA NO.1 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:
                                  -3-
                                                    NC: 2024:KHC:4641
                                              MFA No. 8459 of 2023




                           JUDGMENT

The learned counsel for the appellant seeks

permission of this Court to withdraw the appeal with a

liberty to approach the District Court. Hence, permission is

given to approach the District Court with a liberty as

sought. Accordingly, the appeal is dismissed as

withdrawn.

Sd/-

JUDGE RHS