L Sundari vs O.L.Prabhu
2024 Latest Caselaw 11912 Kant

Karnataka High Court

L Sundari vs O.L.Prabhu on 29 May, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                                   -1-
                                                               NC: 2024:KHC:18041
                                                             MFA No. 5834 of 2018




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 29TH DAY OF MAY, 2024

                                                BEFORE
                              THE HON'BLE MR JUSTICE RAVI V HOSMANI

                      MISCELLANEOUS FIRST APPEAL NO. 5834 OF 2018 (CPC)

                      BETWEEN:

                      1.    L. SUNDARI,
                            W/O O.M.LINGAPPA,
                            AGED 83 YEARS,
                            NO.100, RAILWAY PARALLEL ROAD,
                            KUMARA PARK WEST,
                            BENGALURU - 560 020.

                      2.    O.L.GURUPRASAD,
                            S/O O.M.LINGAPPA,
                            AGED 61 YEARS,

                      3.    PRATHIMA PRASAD,
                            W/O O.L.GURU PRASAD,
Digitally signed by         AGED 55 YEARS,
MOHANKUMAR M
Location: High
Court of Karnataka    4.    PRATEETI PRASAD,
                            D/O O.L.GURU PRASAD,
                            AGED 31 YEARS,

                      5.    PRAATIKA PRASAD,
                            D/O O.L.GURU PRASAD,
                            AGED 25 YEARS,
                            APPELLANTS 4 & 5 ARE
                            REPRESENTED BY THEIR
                            POWER OF ATTORNEY HOLDER
                            MR.GURUPRASAD
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                                       NC: 2024:KHC:18041
                                     MFA No. 5834 of 2018




     APPELLANTS 2 TO 5 ARE
     RESIDING AT NO.18, 4TH FLOOR,
     SANKEY APARTMENTS,
     SANKEY ROAD,
     SADASHIVANAGAR,
     BENGALURU - 560 080.
                                            ...APPELLANTS
(BY SRI S. ANIL KUMAR SHETTY, ADVOCATE)

AND:

1.   O.L.PRABHU,
     S/O O.M.LINGAPPA,
     AGED 64 YEARS,
     RESIDING AT NO.22,
     8TH CROSS, KUMARA PARK WEST,
     BENGALURU - 560 020.

2.   O.L.KALPANA,
     W/O PRASAD PALIGAR,
     AGED 58 YEARS,
     RESIDING AT NO.22,
     8TH CROSS, KUMARA PARK WEST,
     BENGALURU - 560 020.

3.   O.L. RAJENDRA,
     S/O O.M.LINGAPPA,
     AGED ABOUT 62 YEARS,

4.   PUSHPA RAJENDRA,
     W/O O.L.RAJENDRA,
     AGED ABOUT 56 YEARS,

5.   ASHWIN RAJENDRA,
     S/O O.L.RAJENDRA.
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                                     MFA No. 5834 of 2018




     AGED ABOUT 32 YEARS,
6.   AJAY RAJENDRA,
     S/O O.L.RAJENDRA,
     AGED ABOUT 26 YEARS,

     RESPONDENTS 3 TO 6 ARE
     RESIDING AT NO.17, 4TH FLOOR,
     SANKEY APARTMENTS,
     SANKEY ROAD,
     SADASHIVANAGAR,
     BENGALURU - 560 080.

7.   O.M.LINGAPPA,
     S/O O.MARULUSIDDAPPA,
     AGED ABOUT 96 YEARS,
     R/AT SHOLUR HOUSE NO.100,
     RAILWAY PARALLEL ROAD,
     KUMARA PARK WEST,
     BENGALURU - 560 020.
                                          ...RESPONDENTS
(R1 TO R6 SERVED)

      THIS MFA IS FILED U/O. 43 RULE 1(r) OF CPC, AGAINST
THE ORDER DATED 06/04/2018, PASSED ON IA.NO.2, IN O.S.
NO.259/2013,   ON THE FILE OF THE SENIOR CIVIL JUDGE &
JMFC., DEVANAHALLI, ALLOWING THE IA.NO.2 U/O.39 RULES 1
AND 2 R/W SEC.151 OF CPC.

      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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                                            NC: 2024:KHC:18041
                                         MFA No. 5834 of 2018




                          JUDGMENT

Learned counsel for appellants has filed a memo stating

that O.S.no.259/2013 out of which, instant appeal arises, has

been disposed of. Hence, appeal has become infructuous.

In view of memo, appeal is dismissed as having become

infructuous.

Sd/-

JUDGE

MKM