Karnataka High Court
Shri. V. Thiagarajan vs Smt. Elizabeth on 30 July, 2024
Author: V Srishananda
Bench: V Srishananda
-1-
NC: 2024:KHC:30137
MSA No. 127 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
MISCELLANEOUS SECOND APPEAL NO. 127 OF 2018
BETWEEN:
SHRI. V. THIAGARAJAN,
S/O SHRI. C. VALLIAPPA,
AGED ABOUT 34 YEARS,
R/AT NO.5/8, BURTON CROSS ROAD,
BENGALURU - 560 025.
REPRESENTED BY GPA HOLDER
C. VALLIAPPA,
S/O LATE M.S CHOCKALINGAM,
AGED ABOUT 73 YEARS,
R/AT 3RD CROSS, 13TH MAIN,
3RD BLOCK, KORAMANGALA,
BANGALORE - 34.
...APPELLANT
Digitally (BY SRI. PRAKASH T. HEBBAR, ADVOCATE)
signed by
MALATESH AND:
KC
Location: 1. SMT. ELIZABETH,
HIGH
COURT OF D/O LATE AROGYA SWAMY,
KARNATAKA AGED ABOUT 54 YEARS,
R/AT: NO.647/1, BEHIND MAZJID,
BEGUR POST, BENGALURU SOUTH TALUK,
BENGALURU - 560 068.
2. SMT. MARIYAMMA,
W/O LATE AROGYA SWAMY,
AGED ABOUT 88 YEARS,
-2-
NC: 2024:KHC:30137
MSA No. 127 of 2018
R/AT: NO.647/1, BEHIND MAZJID,
BEGUR POST, BENGALURU SOUTH TALUK,
BENGALURU - 560 068.
3. SMT. RAGENA,
D/O LATE AROGYA SWAMY,
W/O BALARAJ,
AGED ABOUT 61 YEARS,
R/AT 3RD CROSS, SHAMANNA LAYOUT,
LINGARAJAPURA, BENGALURU - 560 084.
SHRI. A. CHINNAPPA,
S/O LATE AROGYA SWAMY,
SINCE DEAD BY HIS L.RS.
4. SMT. RITA CHINNAPPA,
W/O LATE CHINNAPPA,
AGED ABOUT 51 YEARS,
5. SRI. SUNIL CHINNAPPA,
S/O LATE CHINNAPPA,
AGED ABOUT 26 YEARS,
6. SMT. MARY PAVITHRA,
W/O SUNIL YAJMAN,
AGED ABOUT 28 YEARS,
SL. NO. 4 TO 6 ARE
R/AT: NO.83/2, CHINNAPPA
BUILDING, NO.16TH MAIN,
ADARSHA LAYOUT,
HONGASANDRA BEGUR ROAD,
NEAR ST. FRANCIS SCHOOL
BENGALURU - 560 075.
-3-
NC: 2024:KHC:30137
MSA No. 127 of 2018
7. SMT. EIZEBETH,
W/O KIRAN YAJMAN,
AGED ABOUT 29 YEARS,
R/AT: BEGUR VILLAGE, BEGUR POST
BENGALURU - 560 068.
8. SMT. AROGYA MARY,
D/O LATE AROGYA SWAMY,
W/O LATE MARIYAPPA,
AGED ABOUT 40 YEARS,
R/AT: NEAR GOVT. HOSPITAL,
BEGUR, BENGALURU - 560 068.
9. SHRI. A. FRANICS,
S/O LATE AROGYA SWAMY,
NO.83/2, CHINNAPPA BUILDING,
NO. 16TH MAIN, ADARSHA LAYOUT
HONGASANDRA, BEGUR ROAD,
NEAR ST. FRANCIS SCHOOL,
BENGALURU.
10. SMT. A. MARGARET,
D/O LATE AROGYA SWAMY,
W/O LASOR,
AGED ABOUT 35 YEARS,
R/AT: NEAR CANARA BANK,
BEGUR HOBLI, BENGALURU - 560 068.
11. SHRI. A. MARI RAJU,
S/O LATE AROGYA SWAMY,
R/AT: NO.9, 13TH A MAIN,
VINAYAKA LAYOUT, BEGUR ROAD,
HONGASANDRA, BENGALURU - 560 068.
12. SHRI. UNNI KRISHNAN,
S/O LATE G. KANNAN,
-4-
NC: 2024:KHC:30137
MSA No. 127 of 2018
AGED ABOUT 51 YEARS
R/AT: NO.298, 6TH CROSS,
4TH PHASE, J.P. NAGAR,
BENGALURU - 560 078.
13. SHRI. M.S. NANJA REDDY,
S/O LATE SIDDA REDDY,
AGED ABOUT 51 YEARS,
R/AT: NO.34, 19TH CROSS,
1ST MAIN, LALAJINAGAR,
BENGALURU - 560 027.
14. SHRI. B.C. SUBRAMANIAM,
S/O CHENGAREDDI,
AGED ABOUT 67 YEARS,
R/AT VILAGERPPRAM VILLAGE,
NACHARKUPPAM POST,
VANIYAMBALI TALUK, MADRAS.
15. SHRI. VENKATASWAMY REDDY,
S/O KENCHA REDDY,
AGED ABOUT 46 YEARS,
C/O B.S. RAMACHANDRA REDDY,
NO.9, 16TH CROSS, 8TH MAIN,
LAKKASANDRA, BENGALURU.
16. SHRI. R. KAMARAJ,
S/O RAMAKRISHNAN,
R/AT: 32, 1ST CROSS,
CHIKKALAKSHMAIAH LAYOUT,
DHARMARAM COLLEGE POST
HOSUR ROAD, BENGALURU - 560 029.
17. SHRI. ADINARAYANA,
S/O VENKATARAVANAPPA,
HOUSE NO.66, BILEKHALLI,
-5-
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MSA No. 127 of 2018
DORESANIPALYA EXTENSION,
BANNERGHATTA ROAD,
BENGALURU - 560 076.
18. SHRI. N. KRISHNA REDDY,
AGED ABOUT 54 YEARS,
S/O NARAYANA REDDY,
R/AT: NO.110, C.L. LAYOUT,
3RD CROSS, HOSUR ROAD,
ADUGODI, BENGALURU - 560 030.
19. SHRI. SATISH REDDY,
AGED ABOUT 42 YEARS,
S/O C. MUNIREDDY,
R/AT: NO.123, BEGUR MAIN ROAD,
HONGASANDRA,
BENGALURU SOUTH TALUK,
BENGALURU.
...RESPONDENTS
(BY SRI. G.D. ASWATH NARAYANA, ADVOCATE FOR R1)
THIS MSA IS FILED UNDER ORDER 41 RULE 1(u) R/W
SEC.151 OF CPC., AGAINST THE JUDGMENT AND DECREE
DATED 22.09.2017 PASSED IN RA.NO.83/2016 ON THE FILE OF
THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE,
BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING THE
APPEAL AND SETTING ASIDE THE ORDER DATED 01.03.2016
PASSED ON IA.NO.5 IN OS.NO.841/2014 ON THE FILE OF THE
II ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU (R)
DISTRICT, BENGALURU, ALLOWING THE IA.NO.5 FILED UNDER
ORDER 7 RULE 11(d) OF CPC., FOR REJECTION OF PLAINT.
NC: 2024:KHC:30137
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL/CAV JUDGMENT
Sri.Prakash T. Hebbar, learned counsel for the
appellant has filed a memo on 30.07.2024 for withdrawal.
The memo reads as under:
"The Appellant above named respectfully
submits as follow:
The appellant does not intend to prosecute the
above Appeal further in view of the changed
circumstances and therefore, pray this Hon'ble
Court to dismiss the above Appeal as not
pressed, in the interest of justice and equity.
Hence, this memo may be taken on record in
the interest of justice."
2. Memo is taken on record.
3. In view of the memo, appeal is dismissed as
withdrawn.
Sd/-
(V SRISHANANDA)
JUDGE
KAV
CT: BHK
