Smt Manjula vs Sri Venkateshappa
2024 Latest Caselaw 351 Kant

Karnataka High Court

Smt Manjula vs Sri Venkateshappa on 4 January, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                              -1-
                                                             NC: 2024:KHC:349
                                                        RFA No. 437 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 4TH DAY OF JANUARY, 2024

                                            BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                         REGULAR FIRST APPEAL NO. 437 OF 2023 (PAR)
                   BETWEEN:
                   1. SMT MANJULA
                      W/O ANANDA
                      AGED ABOUT 39 YEARS
                      RESIDING AT YELAVAGULI
                      TEKAL HOBLI, MALUR TALUK
                      KOLAR DISTRICT 563137.

                   2.    SMT PREMALATHA
                         W/O PRAKASH
                         D/O VENKATESHAPPA
                         AGED ABOUT 30 YEARS
                         RESIDENT OF DODDANALLUR VILLAGE
                         DODDANALLUR HOBLI
                         HOSUR TALUK, KRISHNAGIRI DISTRICT
                         TAMILNADU 635109.

                   3.    SMT ROOPA
Digitally signed
by                       W/O VENKATESHA
DHANALAKSHMI             D/O VENKATESHAPPA
MURTHY                   AGED ABOUT 28 YEARS
Location: High           RESIDENT OF BANTAHALLI
Court of
Karnataka                LAKKUR HOBLI, MALUR TALUK
                         KOLAR DISTRICT-563130.
                                                                ...APPELLANTS
                   (BY SRI. SUNIL T.,ADVOCATE)

                   AND:
                   1. SRI VENKATESHAPPA
                      S/O LATE CHICKAMUNIYAPPA
                      AGED ABOUT 67 YEARS
                      RESIDENT OF BANTAHALLI
                           -2-
                                       NC: 2024:KHC:349
                                    RFA No. 437 of 2023




     LAKKUR HOBLI, MALUR TALUK
     KOLAR DISTRICT 563130.

2.   SRI NAGESH
     SON OF VENKATESHAPPA
     AGED ABOUT 36 YEARS
     RESIDENT OF BANTAHALLI
     LAKKUR HOBLI, MALUR TALUK
     KOLAR DISTRICT 563130.

3.   SMT GAYATHRI
     W/O LAKSHMIPATHY
     AGED ABOUT 50 YEARS
     RESIDENT OF JAGADENAHALLI
     LAKKUR HOBLI, MALUR TALUK
     KOLAR DISTRICT 563130.

4.   SMT L SAHANA
     D/O LAKSHMIPATHY
     AGED ABOUT 29 YEARS
     RESIDENT OF JAGADENAHALLI
     LAKKUR HOBLI, MALUR TALUK
     KOLAR DISTRICT 563130.

5.   SMT L NAYANA
     D/O LAKSHMIPATHY
     AGED ABOUT 25 YEARS
     RESIDENT OF JAGADENAHALLI
     LAKKUR HOBLI, MALUR TALUK
     KOLAR DISTRICT 563130
                                        ...RESPONDENTS

     THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41
RULE 1 OF CPC AGAINST THE ORDER DATED 19.01.2023
PASSED ON I.A.NO.3 IN OS No.484/2021 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND JMFC, MALUR, ALLOWING THE
I.A.NO.3 FILED UNDER ORDER 7 RULE 11(a) AND (d) R/W
SEC.151 OF CPC FOR REJECTION OF PLAINT.

    THIS APPEAL, COMING ON FOR ORDER, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                             -3-
                                         NC: 2024:KHC:349
                                      RFA No. 437 of 2023




                         JUDGMENT

1. Learned counsel for the appellants has filed a memo

dated 04.01.2024 seeking permission to withdraw this

appeal as not pressed.

2. Memo is taken on record.

3. Accordingly, the above appeal is dismissed as not

pressed.

Sd/-

JUDGE

HA