Smt S Sanjeevakka vs Sri Venkataraj
2024 Latest Caselaw 5718 Kant

Karnataka High Court

Smt S Sanjeevakka vs Sri Venkataraj on 23 February, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                                -1-
                                                          NC: 2024:KHC:7656
                                                       MFA No. 3763 of 2019




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 23RD DAY OF FEBRUARY, 2024

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   MISCELLANEOUS FIRST APPEAL NO. 3763 OF 2019 (CPC)

                   BETWEEN:

                   1.    SMT. S. SANJEEVAKKA
                         W/O LATE GUTYAPPA,
                         AGED ABOUT 89 YEARS,

                   2.    SHRI RAMAPPA
                         S/O LATE GUTYAPPA,
                         AGED ABOUT 53 YEARS,

                         BOTH ARE R/AT NO.45,
                         1ST MAIN, 2ND CROSS,
                         RAMAKRISHNA HEGDE NAGARA,
                         DR. SHIVARAM KARANTH NAGAR PO,
                         BENGALURU - 560 077.
                                                                 ...APPELLANTS
Digitally signed
by SHARANYA T                    (BY SRI K.SREEDHAR, ADVOCATE)
Location: HIGH     AND:
COURT OF
KARNATAKA
                   1.    SRI VENKATARAJ
                         S/O GIDDAPPA,
                         AGED ABOUT 58 YEARS,

                   2.    SMT. PRABHAVATHI
                         W/O VENKATARAJ,
                         AGED ABOUT 53 YEARS,

                   3.    SRI PRAVEEN KUMAR
                         S/O SHRI VENKATARAJ,
                         AGED ABOUT 31 YEARS
                              -2-
                                        NC: 2024:KHC:7656
                                    MFA No. 3763 of 2019




    ALL ARE RESIDENTS OF
    P & T QUARTERS,
    KAVAL BYRASANDRA,
    BENGALURU - 560 032.
                                           ...RESPONDENTS

    (BY SRI M.N.PRABHAKARA, ADVOCATE FOR R1 AND R2)


     THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
1908, AGAINST THE ORDER DATED 10.04.2019 PASSED ON
I.A.NO.2 IN O.S.NO.2204/2017 ON THE FILE OF THE PRL. CITY
CIVIL AND SESSIONS JUDGE, BENGALURU, REJECTING
I.A.NO.2 FILED BY THE APPELLANTS HEREIN U/O 39 RULE 1
AND 2 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 praying this Court to withdraw the appeal since the

suit itself has been dismissed for default and hence the

appeal does not survive. Hence, the counsel is permitted

to withdraw the appeal. In view of the memo, the appeal

is dismissed as withdrawn.

Sd/-

JUDGE RHS