Karnataka High Court
Sri Venkatachala vs Sri. Janardhan on 5 June, 2024
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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NC: 2024:KHC:19307
MFA No. 2017 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
MISCELLANEOUS FIRST APPEAL NO.2017 OF 2024 (CPC)
BETWEEN:
1. SRI VENKATACHALA,
S/O LATE VENKATARAMANAPPA,
AGED ABOUT 49 YEARS,
R/A NO.92, NEARBY C.T.O. OFFICE,
OPP. TO COURT S OF LAW DODDABALLAPURA,
DODDABALLAPURA TALUK,
BANGALORE RURAL (D) - 561 203.
2. SRI K.P.JAGANNATH,
S/O PAPANNA,
AGED ABOUT 49 YEARS,
R/A NO.2379, KUCHAPPAPET,
DODDABALLAPURA,
DODDABALLAPURA TALUK,
Digitally signed by
GEETHAKUMARI BANGALORE RURAL (D) - 561 203.
PARLATTAYA S
Location: High Court
of Karnataka 3. SRI SANJAY KUMAR,
S/O H.G. SOMANATH,
AGED ABOUT 45 YEARS,
R/AT 4TH WARD, D CROSS,
NEAR DEPUTY SUPERINTENDENT
OF POLICE OFFICE,
DODDABALLAPURA,
DODDABALLAPURA TALUK,
BANGALORE RURAL (D) - 561 203.
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MFA No. 2017 of 2024
4. SRI HANUMANTHA,
S/O M. BASAPPA,
AGED ABOUT 45 YEARS,
R/AT 2ND WARD, 10TH DIVISION,
DODDABALLAPURA,
DODDABALLAPURA TALUK,
BANGALORE RURAL (D) - 561 203.
5. SRI N. THIMMARAJU,
S/O DODDANANJUNDAPPA,
AGED ABOUT 36 YEARS,
R/AT 4TH WARD, 7TH CROSS,
SHANTHINAGAR, DODDABALLAPURA,
DODDABALLAPURA TALUK,
BANGALORE RURAL (D) - 561 203.
...APPELLANTS
(BY SRI MOHANKUMARA D., ADVOCATE)
AND:
1. SRI JANARDHAN,
S/O C.K. MUNIRAMAIAH,
AGED ABOUT 33 YEARS,
R/AT NO.2630, BESTARAPETE,
DODDABALLAPURA TOWN,
DODDABALLAPURA TALUK,
BANGALORE RURAL (D) - 561 203.
SRI C.K.MUNIRAMAIAH
(DEFENDANT NO.1 DEAD AND ABATED,
PLAINTIFF AND DEFENDANT NO.2 TO 4
AND 10 TO 15 ARE THE LEGAL HEIRS OF
C.K.MUNIRAMAIAH,
2. SRI NAGABHUSHAN,
S/O C.K.MUNIRAMAIAH,
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MFA No. 2017 of 2024
AGED ABOUT 75 YEARS,
R/AT ROJIPURA, DODDABALLAPURA TOWN,
DODDABALLAPURA TALUK,
BANGALORE RURAL (D) - 561 203.
3. SMT. LALITHA,
W/O VENKATASHAMAIAH,
AGED ABOUT 75 YEARS,
R/AT GANGASANDRA VILLAGE,
TUBGERE HOBLI,
DODDABALLLAPURA TALUK,
BANGALORE RURAL (D) - 561 203.
4. SMT. GIRIJA,
W/O K.M.KRISHNAMURTHY,
AGED ABOUT 75 YEARS,
R/A KANAKANAKUNTE, KASABA HOBLI,
DODDABALLLAPURA TALUK,
BANGALORE RURAL (D) - 561 203.
5. SMT. RADHAMMA,
W/O VENKATASHAMAIAH,
AGED ABOUT 50 YEARS,
R/AT NO.2360,
23RD DIVISION, BESTARAPET,
(SHANIGARAPET),
DODDABALLAPURA TOWN,
DODDABALLLAPURA TALUK,
BANGALORE RURAL (D) - 561 203.
SMT. JAYALAKSHMAMMA,
W/O VENKATESHAMURTHY,
(SINCE DEAD BY LRS
RESPONDENTS NO.6 TO 8)
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MFA No. 2017 of 2024
6. SRI VENKATESH,
H/O LATE JAYALAKSHMAMMA,
AGED ABOUT 30 YEARS,
RESIDING AT NO.54, GAVIPURA,
BACK SIDE OF RAMAMANDIRA,
ALLAMAPRABHU ROAD,
HANUMANTHANAGARA,
BANGALORE - 560 019.
7. SMT. BHAVYA,
D/O LATE JAYALAKSHMAMMA,
AGED ABOUT 30 YEARS,
RESIDING AT GALIPOOJE,
KODIGEHALLI POST,
DODDABALLAPURA TALUK,
BANGALORE RURAL (D) - 561 203.
8. KUM. DIVYA,
D/O LATE JAYALAKSHMAMMA,
AGED ABOUT 25 YEARS,
RESIDING AT NO.54, GAVIPURA,
BACK SIDE OF RAMAMANDIRA,
ALLAMAPRABHU ROAD,
HANUMANTHANAGARA,
BANGALORE - 560 019.
9. SMT. MANJULA,
W/O PURUSHOTHAMA,
AGED ABOUT 44 YEARS,
R/AT NO.18, THOPPAMODILIYAR STREET,
OLD POST OFFICE ROAD,
SHIVAJINAGAR,
BENGALURU - 560 001.
10. SMT. JANAKI,
W/O THULASAIAH,
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MFA No. 2017 of 2024
AGED ABOUT 37 YEARS,
R/AT NO.12/14, 6TH CROSS,
SRINIVASA ENGINEERING WORKS,
MAGADI ROAD,
BENGALURU - 560 023.
11. SMT. TEJESHWARI,
W/O JANARDHAN,
AGED ABOUT 32 YEARS,
R/AT NO.2360, 5TH WARD,
23RD DIVISION, BESTARAPET,
(SHANIGARAPET),
DODDABALLLAPURA TALUK,
BANGALORE RURAL (D) - 561 203.
12. SMT.MEENA,
D/O C.K.MUNIRAMAIAH,
AGED ABOUT 47 YEARS,
R/AT C/O NAGALAKSHMI,
BEHIND KODANDARAMASWAMY TEMPLE,
CART STREET,
DODDABALLLAPURA TALUK,
BANGALORE RURAL (D) - 561 203.
...RESPONDENTS
(BY SRI S.K.NAGARATHNA, ADVOCATE FOR C/R1)
THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151
OF CPC, AGAINST THE ORDER DATED 21.12.2023 PASSED ON
I.A.NOS.51 TO 53 IN OS.NO.421/2007 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND JMFC, DODDABALLAPURA,
ALLOWING THE I.A.NO.51 FILED UNDER ORDER 39 RULE 1
AND 2 OF CP, ALLOWING THE I.A.NO.52 FILED UNDER ORDER
39 RULE 1 AND 2 OF CPC AND ALLOWING THE I.A.NO.53 FILED
UNDER ORDER 39 RULE 1 AND 2 OF CPC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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MFA No. 2017 of 2024
JUDGMENT
Learned counsel for appellants has filed a memo seeking
leave of this Court to withdraw appeal.
In view of memo, appeal is dismissed as withdrawn.
Sd/-
JUDGE
MKM
