Karnataka High Court
Smt Puttamma vs Sri Sanjeevaiah on 15 February, 2024
Author: H.P.Sandesh
Bench: H.P.Sandesh
-1-
NC: 2024:KHC:6463
MFA No. 6104 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO. 6104 OF 2022 (CPC)
BETWEEN:
1. SMT. PUTTAMMA
W/O LATE MUNIYAPPA
AGED ABOUT 58 YEARS
2. SMT. RAJESHWARI
D/O LATE MUNIYAPPA
W/O M H RAMAMURTHY
AGED ABOUT 52 YEARS,
3. SRI ANUJ KUMAR R
S/O M H RAMAMURTHY
AGED ABOUT 27 YEARS,
4. R ASHA
Digitally signed
D/O M H RAMAMURTHY
by SHARANYA T AGED ABOUT 22 YEARS,
Location: HIGH
COURT OF 5. SRI JANARDHAN M
KARNATAKA
S/O LATE MUNIYAPPA
AGED ABOUT 50 YEARS,
6. SMT. PUSHPALATHA
W/O JANARDHAN M
AGED ABOUT 38 YEARS,
7. SRI AKSHITH
S/O LATE MUIYAPPA
AGED ABOUT 32 YEARS,
-2-
NC: 2024:KHC:6463
MFA No. 6104 of 2022
ALL ARE R/AT PATTANAGERE VILLAGE
KENGERI HOBLI
BENGALURU SOUTH TALUK
BENGALURU -560060
REPRESENTED BY THEIR GPA HOLDER
M.S. PRASAD
MANAGING DIRECTOR
M/S. TRINCO INFRA PRIVATE LIMITED
A REGISTERED COMPANY
HAVING ITS OFFICE AT NO.305A
ANAND ONYX, 2ND FLOOR 15TH CROSS
100 FEET ROAD, J.P.NAGAR, 5TH PHASE
BENALURU -560078
...APPELLANTS
(BY SRI. VIJAYA KUMAR K., ADVOCATE)
AND:
1. SRI SANJEEVAIAH
S/O LATE SANJEEVAIAH
AGED ABOUT 63 YEARS,
2. SMT. VENKATAMMA
W/O LATE SANJEEVAIAH
AGED ABOUT 57 YEARS,
3. SMT. SHOBA
D/O LATE SANJEEVAIAH
AGED ABOUT 44 YEARS,
SRI SREEDHAR
SINCE DEAD
DELETED IN TRIAL COURT
VIDE ORDER DATED 29-07-2022
4. SRI RAMESH
S/O LATE SANJEEVAIAH
AGED ABOUT 33 YEARS,
5. SRI S. RAMAKRISHNAIAH
S/O LATE SANJEEVAIAH
AGED ABOUT 53 YEARS,
-3-
NC: 2024:KHC:6463
MFA No. 6104 of 2022
6. SMT. GOWRAMMA
W/O S. RAMAKRISHNAIAH
AGED ABOUT 52 YEARS,
7. MAMATHA
D/O S RAMAKRISHNAIAH
AGED ABOUT 29 YEARS,
8. R. SOUMYA
D/O S RAMAKRISHNAIAH
AGED ABOUT 27 YEARS,
9. R. MANJUNATH
S/O S RAMAKRISHNAIAH
AGED ABOUT 25 YEARS,
10. SMT. USHA
W/O LATE S SADASHIVAIAH
AGED ABOUT 53 YEARS,
11. SRI ANIL
S/O LATE S SADASHIVAIAH
AGED ABOUT 33 YEARS,
12. SRI S ARUN
S/O LATE S SADASHIVAIAH
AGED ABOUT 31 YEARS
13. SWETHA
D/O LATE S SADASHIVAIAH
AGED ABOUT 30 YEARS,
RESPONDENTS NO.1 TO 13 ARE
R/AT PATTANAGERE VILLAGE
R.R. NAGARA
BENGALURU -560098
14. SMT. PUTTAMMA
W/O VENKATACHALAIAH
AGED ABOUT 68 YEARS,
-4-
NC: 2024:KHC:6463
MFA No. 6104 of 2022
15. SMT. VENKATAMMA
D/O VENKAGACHALAIAH
AGED ABOUT 47 YEARS,
16. SMT. CHANDRAMMA
D/O VENKATACHALAIAH
AGED ABOUT 42 YEARS,
17. SMT. VIJAYALAKSHMI
D/O VENKATACHALAIAH
AGED ABOUT 38 YEARS,
18. SMT. SUMITHRA
D/O VENKATACHALAIAH
AGED ABOUT 35 YEARS,
RESPONDENTS NO.14 TO 18
ARE RESIDING AT NO.35
PATTANAGERE VILLGE
BEHIND MARAMMA DEVI TEMPLE
R.R. NAGAR, BENGALURU SOUTH TALUK
BENGALURU -560098
19. SRI SRINIVAS RAO
S/O MOHAN RAO
AGED ABOUT 70 YEARS,
R/AT FLAT NO.530
8TH CROSS, PATTANAGERE VILLAGE
BENGALURU SOUTH TALUK
BENGALURU -560098
20. SRI K B RAMESH
S/O PARIYANA BORAIAH
AGED ABOUT 52 YEARS,
NO.35/36, 13TH CROSS
AGRAHARA DASARAHALLI
BENGALURU -560079
21. SRI RAJKUMAR
S/O LATE C L MUNIYAPPA
AGED ABOUT 50 YEARS,
-5-
NC: 2024:KHC:6463
MFA No. 6104 of 2022
22. SRI PRAKASH
S/O LATE C.L. MUNIYAPPA
AGED ABOUT 38 YEARS,
23. SMT. SHIVAKUMARI
D/O LATE C.L. MUNIYAPPA
AGED ABOUT 53 YEARS,
RESPONDENTS NO.21 TO 23 ARE
R/AT NO.17, 1ST MAIN ROAD
VALMIKI NAGAR, MYSORE ROAD
BENGALURU -560006.
...RESPONDENTS
(BY SRI. G.SANJAY, ADVOCATE FOR C/R19;
SMT. SUNITHA H. SINGH, ADVOCATE FOR C/R21 TO R23;
SMT. VAIBHAVI BHAT, ADVOCATE FOR R1 TO R18)
THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151
OF CPC, AGAINST THE ORDER DATED 20.08.2022 PASSED ON
I.A.NO.1 IN O.S.NO.2878/2022 ON THE FILE OF THE XI
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
CITY, CCH-8, REJECTING THE I.A.NO.1 FILED UNDER ORDER
39 RULE 1 AND 2 R/W SECTION 151 OF CPC.
THIS APPEAL, COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellants has filed a memo
stating that this appeal arise out of the suit in
O.S.No.2878/2022 and in view of disposal of the suit vide order
dated 24.01.2024, the present appeal does not survive for
consideration.
NC: 2024:KHC:6463
Accordingly, the appeal is dismissed as withdrawn in
terms of the memo.
Sd/-
JUDGE
ST
