Karnataka High Court
Sri M Rangashamaiah vs Sri T Vishwanath on 15 November, 2024
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2024:KHC:46501
MFA No. 1803 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO. 1803 OF 2022 (CPC)
BETWEEN:
SRI M RANGASHAMAIAH,
S/O LATE K MUNIRANGAIAH,
AGED ABOUT 84 YEARS,
R/AT NO.209/Y, 13TH MAIN ROAD,
3RD BLOCK, RAJAJINAGAR,
BENGALURU - 560 010.
...APPELLANT
(BY SRI. T SESHAGIRI RAO.,ADVOCATE)
AND:
1. SRI T VISHWANATH,
S/O LATE S THIMMADASAIAH,
AGED ABOUT 50 YEARS,
R/O NO.1617, 6TH MAIN, 4TH A CROSS,
Digitally signed RPC LAYOUT VIJAYNAGAR,
by DEVIKA M
BENGALURU - 560 104.
Location: HIGH
COURT OF
KARNATAKA 2. SRI B S BASAVARAJU,
S/O LATE R. SHIVAPPA,
AGED ABOUT 51 YEARS,
R/O NO.6, KOCEPT NEST,
FLAT NO.B-110,
HOSAKEREHALLI MAIN ROAD,
BEHIND VIJAYA THEATER,
BYATARAYANAPURA,
BENGALURU - 560 026.
3. SRI SHIVAPRASAD N.,
S/O LATE C NANJAPPA,
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MFA No. 1803 of 2022
AGED ABOUT 57 YEARS,
R/O D NO.18, AB BLOCK,
4TH FLOOR,
GOLDEN ARCHID APARTMENT,
KASTURIBA ROAD,
BENGALURU - 560 001.
4. SRI NIKHIL S (MEMBER),
S/O SHIVAPRASAD N.,
AGED ABOUT 33 YEARS,
NO.D18, AB BLOCK,
4TH FLOOR,
GOLDEN ARCHID APARTMENT,
KASTURBA ROAD,
BENGALURU - 560 001.
5. SRI C P RAMESH KUMAR (DIRECTOR),
S/O LATE C M PUTTASWAMY,
AGED ABOUT 60 YEARS,
NO.9, MANJU NILAYA,
4TH CROSS, BAPUJI LAYOUT,
VIJAYANAGAR,
BENGALURU - 560 040.
6. SMT NAGARATHNA A. S.,
W/O LATE PUTABUDDI (DIRECTOR),
AGED ABOUT 71 YEARS,
NO.133/A, SERVICE ROAD,
HAMPINAGAR,
OPP ATTIGUPPE METRO STATION,
BENGALURU - 560 104.
7. DR SHEELA P. (MEMBER),
D/O VEERESH N HIREMATH,
AGED ABOUT 51 YEARS,
NO.G-202, VIDYAGIRI RESIDENCY,
VIDYAGIRI LAYOUT,
NAGARA BHAVI, 7TH A CROSS,
5TH MAIN,
BENGALURU - 560 072.
8. DR MAHADEV P.,
-3-
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MFA No. 1803 of 2022
S/O LATE PUTTABUDDI,
AGED ABOUT 48 YEARS,
NO.1133/A, SERVICE ROAD,
HAMPI NAGAR,
BENGALURU - 560 104.
9. DR MANJUNATH P.,
S/O LATE PUTTABUDDI,
AGED ABOUT 45 YEARS,
R/AT NO.4076, MAPLE BLOCK,
SOBHA FOREST APARTMENT,
100 FT, VAJRAHALLI ROAD,
BSK 6TH STATE,
BENGALURU - 560 062.
10. SRI H JAGADEESH,
S/O LATE R HONNAPPA,
AGED ABOUT 70 YEARS,
NO.10, 'SAMRUDDHI', 2ND MAIN,
MARUTHI LAYOUT, MARENAHALLI,
VIJAYA NAGAR,
BENGALURU - 560 040.
11. R M CHANDRAMOHAN,
S/O LATE MUNISWAMY,
AGED ABOUT 77 YEARS,
R/AT NO.155, 1ST MAIN, 4TH CROSS,
LOWER, PLACE ORCHIDS,
BENGALURU - 560 003.
12. SMT N GANGAMMA,
W/O M RANGASHAMAIAH,
AGED ABOUT 74 YEARS,
R/AT NO.209/Y, 13TH MAIN ROAD,
3RD BLOCK, RAJAJINAGAR,
BENGALURU - 560 010.
13. SMT NALINA R.,
W/O D K RAMESH,
AGED ABOUT 52 YEARS,
R/AT NO.42/1, 8TH MAIN,
6TH CROSS, R.M.V EXTENSION,
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MFA No. 1803 of 2022
BENGALURU - 560 044.
14. SRI GOPALAIAH,
S/O LATE NARASIMHAIAH,
AGED ABOUT 77 YEARS,
R/AT NO.95/E, 15TH MAIN ROAD,
INDUSTRIAL AND COMMERCE LAYOUT,
VIJAYANAGAR,
BENGALURU - 560 040.
15. SRI G C HONNAPPA,
S/O LATE CHIKKANNA,
AGED ABOUT 74 YEARS,
R/AT NO.169/Y, 3RD BLOCK,
RAJAJINAGAR,
BENGALURU - 560 010.
16. SMT NARASAMMA,
D/O LATE GANGAIAH,
AGED ABOUT 65 YEARS,
R/O NO.47, MILK COLONY,
RAJAJINAGAR 2ND STAGE,
BENGALURU - 560 021.
17. THE STATE BANK OF INDIA,
RAJAJINAGAR BRANCH,
BENGALURU - 560 010,
(REP BY ITS BRANCH MANAGER).
...RESPONDENTS
THIS MFA IS FILED U/S.104 R/W ORDER.43 RULE 1(r)
R/W SECTION 151 OF CPC, AGAINST THE ORDER
DT.06.04.2021 PASSED ON IA NO.1 IN O.S.NO.5292/2019 ON
THE FILE OF THE XV ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, BENGALURU, (CCH NO.3), PARTLY ALLOWING IA NO.1
FILED U/O.39 RULE 1 AND 2 OF CPC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.P.SANDESH
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NC: 2024:KHC:46501
MFA No. 1803 of 2022
ORAL JUDGMENT
Learned counsel for the appellant has filed a memo
stating that the suit itself is dismissed for non-prosecution.
Hence, this appeal does not survive for consideration.
2. Memo is placed on record.
2. In view of the memo, the appeal is dismissed as
infructuous.
Sd/-
(H.P.SANDESH)
JUDGE
AMA
