Sri. Vishwanatha vs Smt. Jayamma
2024 Latest Caselaw 18770 Kant

Karnataka High Court

Sri. Vishwanatha vs Smt. Jayamma on 26 July, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                                    -1-
                                                              NC: 2024:KHC:29523
                                                            MFA No. 2060 of 2024




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 26TH DAY OF JULY, 2024

                                               BEFORE
                              THE HON'BLE MR JUSTICE RAVI V HOSMANI
                      MISCELLANEOUS FIRST APPEAL NO. 2060 OF 2024 (CPC)
                      BETWEEN:

                      1.    SRI. VISHWANATHA
                            S/O LATE G. CHANNAPPA
                            AGED ABOUT 51 YEARS

                      2.    SRI. PURUSHOTHAM
                            SON OF LATE G. CHANNAPAP
                            AGED ABOUT 48 YEARS

                      3.    SMT. MANJULA
                            DAUGHER OF LATE G. CHANNAPPA
                            AGED ABOUT 44 YEARS

                      4.    SMT. SHOBHA
                            DAUGHTER OF LATE G. CHANNAPPA
                            AGED ABOUT 39 YEARS

Digitally signed by         ALL ARE R/AT NO. 61
GEETHAKUMARI                5TH MAIN, GIDDAPPA BLOCK,
PARLATTAYA S
                            GANGANAGAR,
Location: High
Court of Karnataka          BANGALORE 560 032
                                                                   ...APPELLANTS
                      (BY SRI. NATARAJU B HALEMANE, ADVOCATE)

                      AND:

                      1.    SMT. JAYAMMA
                            WIFE OF LATE N. CHANNAPPA
                            AGED ABOUT 70 YEARS
                            RESIDING AT NO.14
                            MITTAGANAHALLI,
                            -2-
                                       NC: 2024:KHC:29523
                                     MFA No. 2060 of 2024




     BAGALUR, YELAHANKA TALUK,
     BANGALORE SOUTH,
     BANGALORE 562 149

2.   SMT. VEDAVATHI
     DAUGHER OF LATE N. CHANNAPPA
     AGED ABOUT 60 YEARS
     RESIDING AT NO.14
     MITTAGANAHALLI,
     BAGALUR, YELAHANKA TALUK,
     BANGALORE SOUTH,
     BANGALORE 562 149

3.   SRI. BAGTHAPALA
     SON OF LATE N. CHANNAPPA
     AGED ABOUT 58 YEARS
     RESIDING AT NO.14
     MITTAGANAHALLI, BAGALUR,
     YELAHANKA TALUK,
     BANGALORE SOUTH,
     BANGALORE 562 149

4.   SMT. MANJULA
     DAUGHTER OF LATE N. CHANNAPPA
     AGED ABOUT 54 YEARS
     RESIDING AT NO.14
     MITTAGANAHALLI,
     BAGALUR,
     YELAHANKA TALUK,

     BANGALORE SOUTH,
     BANGALORE 562 149

5.   THE SPECIAL THASILDHAR
     BANGALROE EAST TALUK,
     K.R. PURAM,
     BANGALORE
                                          ...RESPONDENTS
(BY SRI. VIVEK N., ADVOCATE FOR R1, R2 AND R4;
    SRI. DASTAGIR J.A., ADVOCATE FOR C/R1)
                               -3-
                                           NC: 2024:KHC:29523
                                        MFA No. 2060 of 2024




     THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC,
AGAINST THE ORDER DATED. 19.02.2024 PASSED IN
O.S.NO.210/2024 ON THE FILE OF THE PRINCIPAL SENIOR
CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU,
ALLOWING IA NO.1 FILED U/O.39 RULE 1 AND 2 R/W SEC.151
OF CPC.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:     HON'BLE MR JUSTICE RAVI V HOSMANI


                         ORAL JUDGMENT

Learned counsel for appellants has filed a memo for

withdrawal of appeal with liberty to file it before appropriate

Court.

Memo is taken on record.

In view of memo, appeal is dismissed as withdrawn with

liberty as sought for.

Sd/-

(RAVI V HOSMANI) JUDGE

KA