Mr Jayanth K vs Smt Laxmi
2024 Latest Caselaw 6003 Kant

Karnataka High Court

Mr Jayanth K vs Smt Laxmi on 28 February, 2024

                                          -1-
                                                       NC: 2024:KHC:8325
                                                    MFA No. 2341 of 2018




                    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. 2341 OF 2018 (CPC)
               BETWEEN:

                     MR. JAYANTH K.,
                     S/O LATE THUKRA MOOLYA,
                     AGED ABOUT 49 YEARS,
                     R/AT "MADHUVANA NILAYA",
                     D.NO.2-5/1,
                     PILIKOORU HOUE,
                     TALAPADY POST & VILLAGE,
                     MANGALURU TALUK - 575 023.
                                                            ...APPELLANT
               (BY SRI. JAYANTH K., ADVOCATE)
               AND:

               1.    SMT. LAXMI,
                     W/O LATE THUKRA MOOLYA,
Digitally
                     AGED ABOUT 69 YEARS.
signed by BS
RAVIKUMAR      2.    MRS GEETHA,
Location:            D/O LATE THUKRA MOOLYA
HIGH
COURT OF             W/O LATE K. KESHAVA BANGERA,
KARNATAKA
                     AGED ABOUT 51 YEARS,
                     R/AT D.NO.2-15-3/2,
                     GURUKRIPA, KANNERTHOTA,
                     KOLYA, KOTEKAR POST,
                     MANGALURU - 575 023.

               3.    MRS. MOHINI,
                     D/O LATE THUKRA MOOLAY,
                     W/O SRI. DAYANANDA BAJAL,
                     AGED ABOUT 47 YEARS,
                             -2-
                                      NC: 2024:KHC:8325
                                   MFA No. 2341 of 2018




     R/AT THUNGA NAGARA,
     BAJAL, PADIL,
     MANGALURU - 575 023.

4.   MR. CHANDRASHEKAR,
     S/O LATE THUKRA MOOLYA,
     AGED ABOUT 46 YEARS.

5.   MR. MOHANDAS,
     S/O LATE THUKRA MOOLYA,
     AGED ABOUT 45 YEARS.

6.   MR. PRAKASH P.,
     S/O LATE THUKRA MOOLYA,
     AGED ABOUT 44 YEARS.

7.   MR. SANTHOSH KUMAR,
     S/O LATE THUKRA MOOLYA,
     AGED ABOUT 33 YEARS.

8.   MR. RAMESH,
     S/O LATE THUKRA MOOLYA
     & LATE SEETHU,
     AGED ABOUT 59 YEARS.

     DEFT NO.3, 4 TO 8 ARE ALL
     R/AT PILIKOORU HOUSE,
     TALAPADY POST & VILLAGE,
     MANGALURU TALUK - 575 023.

9.   MRS. YASHODA,
     D/O LATE THUKRA MOOLYA & LATE SEETHE,
     W/O LATE NARAYANA,
     AGED ABOUT 55 YEARS,
     R/AT ELIYANA, CHIGURUPADE,
     MIS PADAVU, MANJESHWAR,
     KASARGOD DISTRICT - 574 234.
                                        ...RESPONDENTS
(BY SRI. SHIVARAMA BHAT O., ADVOCATE FOR R1 TO R7;
                                -3-
                                              NC: 2024:KHC:8325
                                          MFA No. 2341 of 2018




    R8 AND R9 ARE SERVED)

      THIS MFA IS FILED U/O. 43 RULE 1(r) OF CPC, AGAINST
THE ORDER DATED.12.02.2018 PASSED ON IA.NOS.2, 4 AND 5
IN O.S.NO.214/2017, ON THE FILE OF THE II ADDL. SENIOR
CIVIL JUDGE & CHIEF JUDICIAL MAGISTRATE, MANGALURU,
D.K. DISMISSING THE IA.NOS.2, 4 AND 5 FILED U/O.39 RULE
1 AND 2 R/W. SEC.151 OF CPC.
      THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

                            JUDGMENT

There is no appearance for the appellant.

2. No steps are taken to engage in advocate.

3. In view of the order dated 31.01.2024 this appeal is

dismissed for non-prosecution.

4. Office is directed to inform the Trial Court about the

dismissal of this appeal.

Sd/-

JUDGE

KBM