Sri V Shekar Naidu vs Sri B R Ramesh
2024 Latest Caselaw 22135 Kant

Karnataka High Court

Sri V Shekar Naidu vs Sri B R Ramesh on 2 September, 2024

                                          -1-
                                                        NC: 2024:KHC:35684
                                                      MFA No. 7367 of 2023




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 2ND DAY OF SEPTEMBER, 2024

                                        BEFORE
                  THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
             MISCELLANEOUS FIRST APPEAL NO. 7367 OF 2023 (CPC)
             BETWEEN:

             1.    SRI V.SHEKAR NAIDU
                   S/O LATE MUNAIAH NAIDU,
                   AGED ABOUT 74 YEARS,
                   R/AT NO.1149 & 1150,
                   13TH MAIN ROAD, JUDICIAL LAYOUT,
                   G.K.V.K. POST, YELAHANKA,
                   BENGALURU - 560 065
                   REPRESENTED BY HIS GPA HOLDER,
                   SMT. P.UMADEVI.

             2.    SRI.K.B. MURALI
                   S/O K.P. BYRAPPA,
                   AGED ABOUT 38 YEARS,
                   R/AT KONDENAHALLI VILLAGE,
                   NANDI HOBLI,
Digitally          CHIKKABALLAPUR TALUK AND DISTRICT
signed by                                                     ...APPELLANTS
SUVARNA T
          (BY SRI.NARAYANA SWAMY.B.V., ADVOCATE FOR
Location:     SMT. JAYASHREE NARASIMHAN., ADVOCATE)
HIGH
COURT OF AND:
KARNATAKA
             1.    SRI. B.R. RAMESH
                   S/O B. RANGAIAH SHETTY,
                   AGED ABOUT 44 YEARS,
                   R/AT 2ND CROSS, M.G.ROAD,
                   CHIKKABALLAPUR CITY.

             2.    SMT. KANTHAMMA
                   SINCE DECEASED BY
                   LRS MANJULA
                                 -2-
                                              NC: 2024:KHC:35684
                                           MFA No. 7367 of 2023




     D/O K.S. BACHAPPA,
     AGED ABOUT 60 YEARS,
     R/AT GONDLAMUDDENAHALLI VILLAGE,
     VIJAYAPURA HOBLI,
     DEVANAHALLI TALUK.
                                                    ...RESPONDENTS

      THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF
CPC, AGAINST THE ORDER DATED 17.08.2023 PASSED ON I.A.NO.12
AND 13 IN OS.NO.121/2019 ON THE FILE OF THE PRL. SENIOR CIVIL
JUDGE AND CJM, CHIKKABALLAPUR, DISMISSING THE I.A.NO.12
AND 13 FILED UNDER ORDER 39 RULE 4 OF CPC.

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

CORAM:      HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

                          ORAL JUDGMENT

A memo is filed by the learned counsel for the appellants

seeking permission to withdraw the appeal stating that the

present appeal has become infructuous.

The memo is taken on record.

Accordingly, the appeal is dismissed as withdrawn.

All I.As. in the appeal shall stand closed.

SD/-

(LALITHA KANNEGANTI) JUDGE