Karnataka High Court
Sri Nanjappa D E vs Sri. Lakkanagowda D L on 29 May, 2025
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NC: 2025:KHC:18423
MFA No. 3364 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF MAY, 2025
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
MISCELLANEOUS FIRST APPEAL NO. 3364 OF 2025 (CPC)
BETWEEN:
1. SRI. NANJAPPA D.E.,
S/O LATE ERANNA @ KANI ERANNAGOWDA,
AGED ABOUT 80 YEARS,
2. SMT. JANAKAMMA,
W/O NANJAPPA.D.E,
AGED ABOUT 70 YEARS,
BOTH ARE RESIDING AT
NO.17, 1ST CROSS,
EX-SERVICEMEN COLONY,
JAYAMAHAL,
BENGALURU - 560 032.
...APPELLANTS
(BY SRI. MUKUNDA P., ADVOCATE)
Digitally
signed by H
K HEMA AND:
Location:
HIGH 1. SRI. LAKKANAGOWDA D.L.,
COURT OF S/O LATE LAKKANNA @ KANI MOTAIAH,
KARNATAKA
AGED ABOUT 58 YEARS,
2. SMT. RADHA,
W/O LAKKANAGOWDA D.L.,
AGED ABOUT 51 YEARS,
BOTH ARE RESIDING AT NO.93,
2ND CROSS, BHASHYA NAGAR,
BENGALURU NORTH, SRIRAMPURA,
BENGALURU - 560 021.
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3. SRI. SHIVA,
S/O. LAKKANNA @ KANI MOTAIAH,
AGED ABOUT 54 YEARS,
4. SMT. T.N.SHANTHA,
W/O SHIVA,
AGED ABOUT 50 YEARS,
BOTH ARE RESIDING AT
L.I.G. 9, 3RD STAGE, HUDCO,
HANUMANTHA NAGAR,
BANNIMANTAPA,
MYSURU - 570 015.
5. SRI. RAMAKRISHNA,
S/O. LAKKANNA @ KANI MOTAIAH,
AGED ABOUT 51 YEARS,
6. SMT. LAKSHMAMMA,
W/O RAMAKRISHNA,
AGED ABOUT 55 YEARS,
BOTH ARE RESIDING AT
DODDHAMADHURE VILLAGE
AND POST, YEDIYURU HOBLI,
KUNIGAL TALUK,
TUMKUR DISTRICT - 572 142.
7. SRI.RAJU.M,
S/O LAKKANNA @ KANI MOTAIAH,
AGED ABOUT 49 YEARS,
8. SMT. PREMA H.P.,
W/O RAJU M,
AGED ABOUT 42 YEARS,
BOTH ARE RESIDING AT
DODDHAMADHURE VILLAGE
AND POST, YEDIYURU HOBLI,
KUNIGAL TALUK, TUMKUR DISTRICT - 572 142.
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9. SMT. JAYANTHI,
W/O LATE LAKKANNA,
AGED ABOUT 40 YEARS,
RESIDING AT KUPPE VILLAGE,
AMRUTHUR HOBLI, KUNIGAL TALUK,
TUMKUR DISTRICT - 572 111.
10. SMT. LAKAMMA,
D/O LATE CHANNAVEERAIAH,
W/O MANDIMANE GOWDA,
AGED ABOUT 45 YEARS,
RESIDING AT
BEVOOR MANDYA VILLAGE,
MALURU HOBLI, CHANNAPATANA TALUK,
TUMKUR DISTRICT - 562 108.
11. SIR. CHANNAKESHAVA.C,
S/O LATE CHANNAVEERAIAH
KANI MOTAIAH,
AGED ABOUT 42 YEARS,
12. SMT. C.R. BHAGYAMMA,
W/O CHANNAKESHAVA C,
AGED ABOUT 38 YEARS,
BOTH ARE RESIDING AT
NO.104/B, TUNGA NAGAR,
HETIGE CONVENTIONAL HALL,
VISHWANEEDAM POST,
BENGALURU - 560 091.
13. SMT. MAYAMMA,
W/O LATE CHANNAVEERAIAH,
AGED ABOUT 75 YEARS,
RESIDING AT DODDHAMADHURE
VILLAGE AND POST,
YEDIYURU HOBLI,
KUNIGAL TALUK,
TUMKUR DISTRICT - 572 142.
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MFA No. 3364 of 2025
HC-KAR
14. SMT. D.C PREMA,
D/O LATE CHANNAVEERAIAH,
AGED ABOUT 30 YEARS,
RESIDING AT KODAVATTHI VILLAGE,
MARKONAHALLI POST,
AMRUTHURU HOBLI, KUNIGAL TALUK,
TUMKUR DISTRICT - 572 111.
15. SRI. PUNITHRAJU,
S/O LATE CHANNAVEERAIAH,
AGED ABOUT 25 YEARS,
RESIDING AT DODDHAMADHURE
VILLAGE AND POST,
YEDIYURU HOBLI, KUNIGAL TALUK,
TUMKUR DISTRICT - 572 142.
16. SMT. LAKKAMMA,
W/O LATE KANI ERANNA,
AGED ABOUT 61 YEARS,
RESIDING AT DODDHAMADHURE
VILLAGE AND POST,
YEDIYURU HOBLI, KUNIGAL TALUK,
TUMKUR DISTRICT - 572 142.
17. SMT. SHIVAMMA D.E,
D/O LATE KANI EERANNA,
AGED ABOUT 48 YEARS,
RESIDING AT DODDHAMADHURE
VILLAGE AND POST,
YEDIYURU HOBLI, KUNIGAL TALUK,
TUMKUR DISTRICT - 572 142.
18. SRI. BASAVARAJU D.E,
S/O LATE KANI ERANNA,
AGED ABOUT 44 YEARS,
RESIDING AT NO.166,
AANDRAHALLI MAIN ROAD,
5TH CROSS, KALIKANAGAR,
BENGALURU - 560 021.
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HC-KAR
19. SRI. PARAMESHA D.E,
S/O LATE KANI EERANNA,
AGED ABOUT 39 YEARS,
RESIDING AT DODDHAMADHURE
VILLAGE AND POST,
YEDIYURU HOBLI, KUNIGAL TALUK,
TUMKUR DISTRICT - 572 142.
...RESPONDENTS
THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC,
AGAINST THE ORDER DATED 17.03.2025 PASSED ON IA
NO.VII IN O.S.NO.173/2022 ON THE FILE OF THE SENIOR
CIVIL JUDGE ADN JMFC, KUNIGAL, DISMISSING THE IA.NO.VII
FILED U/O.39 RULE 1 AND 2 OF CPC, 1908.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.I.ARUN
ORAL JUDGMENT
1. Learned counsel for the petitioners has filed a memo
dated 27.05.2025 with a prayer to withdraw the writ petition.
2. Memo is taken on record.
3. The Writ Petition is hereby dismissed as withdrawn.
Sd/-
(M.I.ARUN)
JUDGE
PK
