Smt K Rudramma vs Sri K Nanjundaswamy
2024 Latest Caselaw 6005 Kant

Karnataka High Court

Smt K Rudramma vs Sri K Nanjundaswamy on 28 February, 2024

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                                                        NC: 2024:KHC:8326
                                                     MFA No. 2693 of 2020




                    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. 2693 OF 2020 (CPC)
               BETWEEN:

               1.    SMT. K. RUDRAMMA,
                     D/O LATE KARIBASAPPA
                     W/O BASAVARAJU
                     AGED ABOUT 67 YEARS
                     NO.2 K.H.B. MAIN ROAD,
                     OPPOSITE TO SUJATA PLAZA
                     NEAR IIBS COLLEGE,
                     KAVERI NAGAE, R.T. NAGAR POST
                     BANGALORE - 560 032.

               2.    SMT. K. PREMA,
                     D/O LATE KARIBASAPPA
                     W/O VEERANNA
Digitally            AGED ABOUT 64 YEARS
signed by BS         NO.17, COLES ROAD, FRAZER TOWN
RAVIKUMAR
Location:            BANGALORE - 560 005.
HIGH
COURT OF
KARNATAKA      3.    SMT. K. MANJULA,
                     D/O LATE KARIBASAPPA
                     W/O CHANDRAPPA
                     AGED ABOUT 55 YEARS
                     SRI NANDESHWARA KRUPA
                     NEW BRIDGE ROAD, OLD TOWN,
                     SIR. M.V. LAYOUT,
                     BHADRAVATHI - 577 301.
                                                            ...APPELLANTS
               (BY SRI. VARAPRASAD K., ADVOCATE)
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                                      NC: 2024:KHC:8326
                                   MFA No. 2693 of 2020




AND:

1.   SRI. K. NANJUNDASWAMY,
     S/O LATE KARIBASAPPA,
     AGED ABOUT 71 YEARS.

2.   MAGALA,
     D/O K. NANJUNDASWAMY,
     AGED ABOUT 37 YEARS.

3.   LALITHA,
     D/O K. NANJUNDASWAMY,
     AGED ABOUT 34 YEARS.

4.   K. GURUSWAMY,
     S/O LATE KARIBASAPPA,
     AGED ABOUT 67 YEARS.

5.   KIRAN KUMAR,
     S/O K. GURUSWAMY
     AGED ABOUT 35 YEARS.

6.   SUDHARANI
     D/O K. GURUSWAMY
     AGED ABOUT 33 YEARS.

7.   RAJESHWARI,
     D/O K. LATE BASAVARAJU,
     AGED ABOUT 50 YEARS.

8.   REKHA,
     W/O DODDA RUDRAPPA,
     AGED ABOUT 32 YEARS.

9.   VEDHA,
     D/O K. LATE BASAVARAJU
     AGED ABOUT 42 YEARS
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                                   MFA No. 2693 of 2020




10. BABY @ AMBICA
    D/O K. LATE BASAVARAJU
    AGED ABOUT 40 YEARS

11. SHIVAKUMAR
    D/O K. LATE BASAVARAJU
    AGED ABOUT 42 YEARS

    RESPONDENTS NO.1 TO 11 ARE
    R/AT OLD NO.3, NEW NO.1879
    GOVINDAPURA, ARABIC COLLEGE POST,
    BANGALORE - 560 045.

12. SUDARSHAN KARLE,
    S/O LATE T. KARLE,
    AGED ABOUT 66 YEARS
    R/AT NO.101, 7TH CROSS
    3RD MAIN, R.M.V. II STAGE,
    BANGALORE - 560 094.

13. MAHENDRA KARLE,
    S/O LATE T. KARLE,
    AGED ABOUT 56 YEARS,
    R/AT NO.IF, CASTLE ROCK APARTMENTS,
    NO.26, 1ST CROSS, 1ST MAIN,
    JAYAMAHAL EXTENSION,
    BANGALORE - 560 046.

14. M/S KARLE INFRA PROJECTS PVT.LTD.,
    SY.NO.61/1, 61/2, 94/1,
    ADJACENT TO NAGAVARA LAKE,
    100FT. KEMPAPURA MAIN ROAD,
    NAGAVARA, BENGALURU - 560 045,
    REP. BY ITS DIRECTOR.
15. M/S. KARLE INFRA PVT.LTD.,
    SY.NO.61/1, 61/2, 94/1,
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                                               NC: 2024:KHC:8326
                                           MFA No. 2693 of 2020




     ADJACENT TO NAGAVARA LAKE,
     100FT. KEMPAPURA MAIN ROAD,
     NAGAVARA, BENGALURU - 560 045,
     REP. BY ITS DIRECTOR.
                                                 ...RESPONDENTS
(BY SRI. P.N. MANMOHAN, ADVOCATE FOR C/R15
    AND ALSO FOR R12, R13;
    NOTICE YET TO BE ORDERED
    IN RESPECT OF RESPONDENTS)

        THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC AGAINST
THE ORDER DATED 08.01.2020 PASSED ON I.A.4 IN OS. NO.
25878/2013 ON THE FILE OF THE LXXII ADDITIONAL CITY
CIVIL        AND   SESSIONS    JUDGE,    BENGALURU      SCCH-73,
REJECTING THE I.A.NO.4 FILED UNDER ORDER 39 RULES 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 respondents submits that the suit

from which the present appeal arises was dismissed on

12.10.2022.

2. This is not disputed by the learned counsel for the

appellants.

NC: 2024:KHC:8326

3. In that view of the matter, this appeal has become

infructuous.

4. Hence, this appeal is dismissed as having

infructuous.

Sd/-

JUDGE

KBM

CT:SNN