Vasanth Kumar vs R Gopalappa @ R.Gopal
2024 Latest Caselaw 28053 Kant

Karnataka High Court

Vasanth Kumar vs R Gopalappa @ R.Gopal on 23 November, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                              -1-
                                                          NC: 2024:KHC:47802
                                                       MFA No. 9260 of 2017




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 23RD DAY OF NOVEMBER, 2024

                                            BEFORE
                             THE HON'BLE MR JUSTICE H.P.SANDESH
                                  MFA NO. 9260 OF 2017 (CPC)
                   BETWEEN:

                   1.     VASANTH KUMAR
                          S/O LATE R. MUNISWAMAIAH @ MARIYAPPA
                          AGED ABOUT 54 YEARS

                   2.     SRI.KRISHNA PRASAD
                          S/O LATE R.MUNISWAMAIAH @ MARIYAPPA
                          AGED ABOUT 45 YEARS

                   3.     SRI.HARISH
                          S/O LATE R.MUNISWAMAIAH @ MARIYAPPA
                          AGED ABOUT 42 YEARS

                   4.     SRI.MADHU
                          S/O LATE R.MUNISWAMAIAH @ MARIYAPPA
                          AGED ABOUT 39 YEARS

Digitally signed   5.     SRI.VASU
by DEVIKA M               S/O LATE R.MUNISWAMAIAH @ MARIYAPPA
Location: HIGH            AGED ABOUT 33 YEARS
COURT OF
KARNATAKA
                          APPELLANT NO.1 TO 5 ARE PRESENTLY
                          R/A NO.826, 4TH CROSS, C.K.NAGAR
                          ELECTRONIC CITY POST, BENGALURU-100.

                   6.     SMT. MUNIRATHNA
                          W/O GANESH BABU
                          AGED ABOUT 52 YEARS
                          NO.780, 7TH CROSS, C.K.NAGAR
                          ELECTRONIC CITY POST, BENGALURU-100.

                          EARLIER THE APPELLANT NO.1 TO 6 WERE
                          R/AT CHANNAKESHAVANAGAR
                            -2-
                                      NC: 2024:KHC:47802
                                    MFA No. 9260 of 2017




       HOSA ROAD, BEGUR HOBLI
       BANGALORE SOUTH TALUK.              ...APPELLANTS

(BY SRI. RAJENDRA DESAI, ADV.)

AND:

1.     R GOPALAPPA @ R.GOPAL
       S/O LATE GARE RAMAIAH
       AGED ABOUT 57 YEARS
       R/AT SINGASANDRA VILLAGE
       BEGUR HOBLI
       BENGALURU SOUTH TALUK.

2.     SMT.SAKAMMA
       W/O NAGAPPA
       AGED MAJOR

3.     SRI S N MAHADEV
       S/O NAGAPPA
       AGED MAJOR

4.     SRI S.N MANJUNATH
       S/O NAGAPPA
       AGED MAJOR

5.     SMT.LAKSHAMAMMA
       D/O NAGAPPA
       AGED MAJOR

       R-2 TO R-5 ARE R/AT NO.207
       2ND MAIN ROAD, HOSUR ROAD
       SINGASANDRA, BENGALURU-560 068.    ...RESPONDENTS

(BY SRI. T S AMAR KUMAR, ADV. FOR C/R3)

     THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE
CPC, AGAINST THE ORDER DT.03.10.2017 PASSED ON IA
NO.23 IN O.S.NO.10406/2005 ON THE FILE OF THE 1ST
ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU,
DISMISSING IA NO.23 FILED U/O.39 RULES 1 & 2 R/W
SEC.151 OF CPC.
                               -3-
                                           NC: 2024:KHC:47802
                                         MFA No. 9260 of 2017




    THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:     HON'BLE MR JUSTICE H.P.SANDESH

                         ORAL JUDGMENT

Learned counsel for the appellants has filed a memo

stating that the original suit has been disposed of and

hence, this appeal has become infructuous.

2. Memo is taken on record.

3. The appeal is dismissed as having become

infructuous.

Sd/-

(H.P.SANDESH) JUDGE

HA