Smt Ranjani Nagaraj vs Smt Suvarna
2024 Latest Caselaw 12089 Kant

Karnataka High Court

Smt Ranjani Nagaraj vs Smt Suvarna on 30 May, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                               -1-
                                                             NC: 2024:KHC:18382
                                                         MFA No. 3774 of 2017
                                                     C/W WP No. 19809 of 2017



                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                               DATED THIS THE 30TH DAY OF MAY, 2024
                                             BEFORE
                              THE HON'BLE MR JUSTICE RAVI V HOSMANI
                      MISCELLANEOUS FIRST APPEAL NO. 3774 OF 2017 (CPC)
                                               C/W
                             WRIT PETITION NO. 19809 OF 2017 (GM-CPC)
                      IN MFA NO.3774/2017
                      BETWEEN:
                      SMT. RANJANI NAGARAJ,
                      W/O LATE. NAGARAJ,
                      AGED ABOUT 57 YEARS,
                      RESIDING AT C/O VENUGOPAL,
                      KANASAVADI COLONY,
                      KANASAVADI POST,
                      DODDABALLAPURA TALUK,
                      BENGALURU - 560 013.
                                                                   ...APPELLANT
                      (BY SRI. NANJUNDA SWAMY N, ADVOCATE)

                      AND:
                      SMT. SUVARNA,
Digitally signed by
GEETHAKUMARI          ALLEGED WIFE OF S. NAGARAJ,
PARLATTAYA S
                      AGED ABOUT 57 YEARS,
Location: High
Court of Karnataka    R/AT. NO.379, 13TH MAIN,
                      HMT LAYOUT, MATHIKERE,
                      BENGALURU - 560 054,

                      PRESENTLY RESIDING AT NO.656,
                      3RD MAIN, NETAJI CIRCLE,
                      NEAR SRINIVASA KALAYANA MANTAPA,
                      METHIKERE, BENGALURU - 560 054.
                                                                 ...RESPONDENT
                      (BY SRI. CHANDRASHEKAR C, ADVOCATE)
                           -2-
                                       NC: 2024:KHC:18382
                                    MFA No. 3774 of 2017
                                C/W WP No. 19809 of 2017



     THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED 17.04.2017 PASSED ON I.A. NO.
10 IN O.S.NO. 9083/2014 ON THE FILE OF THE XVII
ADDITIONAL    CITY    CIVIL  AND   SESSIONS      JUDGE,
BENGALURU(CCH-16), DISMISSING I.A. NO.10 FILED UNDER
ORDER 39 RULE 1 & 2 CPC.
IN WP. NO. 19809/2017:

BETWEEN:
SMT. RANJANI NAGARAJ
W/O LATE. NAGARAJ,
AGED ABOUT 57 YEARS,
RESIDING AT C/O VENUGOPAL,
KANASAVADI COLONY,
KANASAVADI POST,
DODDABALLAPURA TALUK,
BANGALORE - 560 013.
                                            ...PETITIONER
(BY SRI. NANJUNDA SWAMY N, ADVOCATE)

AND:

SMT. SUVARNA,
ALLEGED WIFE OF S.NAGARAJ,
AGED ABOUT 57 YEARS,
R/AT NO.379, 13TH MAIN,
HMT LAYOUT, MATHIKERE,
BENGALURU - 560 054,

PRESENTLY RESIDING AT NO.656,
3RD MAIN, NETAJI CIRCLE,
NEAR SRINIVASA KALAYANA MANTAPA,
METHIKER, BENGALURU - 560 054.
                                           ...RESPONDENT
     THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE/QUASH THE
ORDER DATED 17.4.2017 PASSED ON I.A.9 FILED UNDER
SECTION 151 OF CPC IN O.S.9083/2014 BY THE XVII ADDL.
                                 -3-
                                                NC: 2024:KHC:18382
                                           MFA No. 3774 of 2017
                                       C/W WP No. 19809 of 2017



CITY CIVIL JUDGE BANGALORE AT ANNEXURE-P AND ALLOW
SAID APPLICATION (I.A.NO.9) AT ANNEXURE-K.

     THESE MFA AND WP ARE COMING ON FOR ADMISSION,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:

                           JUDGMENT

Learned counsel for appellants/petitioners submits

that original suit namely O.S.No.9083/2014 on file of XVII

Additional City Civil and Sessions Judge, Bengaluru,

(C.C.H.16) has been disposed of on 01.04.2023.

Therefore, appeal and writ petition are rendered

infructuous.

Placing submission on record, appeal as well as

petition are dismissed as such.

In view of disposal of above appeal and petition,

pending interlocutory application stands disposed of

accordingly.

Sd/-

JUDGE

AM