Sri H V Rajashekhar Rao vs Smt Usha
2024 Latest Caselaw 5998 Kant

Karnataka High Court

Sri H V Rajashekhar Rao vs Smt Usha on 28 February, 2024

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                                                       NC: 2024:KHC:8347
                                                    MFA No. 3670 of 2017




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 28TH DAY OF FEBRUARY, 2024

                                        BEFORE
                          THE HON'BLE MR JUSTICE R. NATARAJ
               MISCELLANEOUS FIRST APPEAL NO. 3670 OF 2017 (CPC)
               BETWEEN:

               SRI. H.V. RAJASHEKHAR RAO,
               S/O LATE H.V. RAMACHANDRA RAO,
               AGED 70 YEARS, NO.T-3,
               PSR GARDEN, GANGANAGAR,
               BANGALORE - 560 032.
                                                            ...APPELLANT
               (BY SRI. SHRINIWAS M. KULKARNI, ADVOCATE)

               AND:

               1.    SMT. USHA,
                     WIFE OF LATE H.R. PRABHAKAR,
                     AGED 55 YEARS,
Digitally
signed by BS   2.    SRI. PRAKASH,
RAVIKUMAR
Location:
                     SON OF LATE H.R. PRABHAKAR,
HIGH                 AGED ABOUT 35 YEARS,
COURT OF
KARNATAKA
               3.    SMT. PRATHIBA,
                     DAUGHTER OF LATE H.R. PRABHAKAR,
                     AGED ABOUT 30 YEARS,
                     1 TO 3 ARE RESIDING AT:
                     NO.134, RAGHAVENDRASWAMY TEMPLE STREET,
                     MATHIKERE, BANGALORE - 560 054.

               4.    SMT. PADMA,
                     DAUGHTER OF H.V. RAMACHANDRA RAO,
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                                           NC: 2024:KHC:8347
                                      MFA No. 3670 of 2017




     AGED ABOUT 68 YEARS,
     NO.101, 3RD MAIN,
     KORAMANGALA BANGALORE - 560 034.

5.   SRI. SHARATH V. BHARADWAJ,
     SON OF LATE H.K. VENKATESHMURTHY,
     AGED ABOUT 28 YEARS,

6.   SMT. R. YASHODA.
     W/O LATE H.K. VENKATESHMURTHY,
     AGED ABOUT 56 YEARS

     5 AND 6 ARE RESIDING AT
     SHIVAGANGA PALACE,
     CHINNAPPA NAIDU LAYOUT,
     BSK III STAGE, BENGALURU - 560 085.

7.   SRI. M. RAVI SHANKAR,
     SON OF LATE M. MAHADEVAPPA,
     AGED ABOUT 55 YEARS,
     NO.24, CHINNAPPA NAIDU LAYOUT,
     BANASHANKARI III STAGE,
     BANGALORE - 560 083.
                                            ...RESPONDENTS
(BY SRI. K.V. NARASIMHAN, ADVOCATE FOR C/R5)

        THIS MFA IS FILED U/O XLIII RULE 1(r) OF THE CPC,
AGAINST THE ORDER DATED 12.04.2017 PASSED ON I.A.NO.1
IN O.S.NO.2398/2016 ON THE FILE OF THE XL ADDL. CITY
CIVIL    AND SESSIONS JUDGE (CCH-41)        AT   BENGALURU,
DISMISSING I.A.NO.1 FILED UNDER ORDER XXXIX RULE 1
AND 2 CPC.
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                                            NC: 2024:KHC:8347
                                      MFA No. 3670 of 2017




      THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

                          JUDGMENT

Learned counsel for the appellant has filed a memo

to withdraw the appeal.

2. The memo is placed on record.

3. In view of the memo the appeal is dismissed as

withdrawn.

Sd/-

JUDGE

KBM

CT: BHK