Smt Puttamma vs Sri Sanjeevaiah on 15 February, 2024

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Karnataka High Court

Smt Puttamma vs Sri Sanjeevaiah on 15 February, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                                -1-
                                                         NC: 2024:KHC:6463
                                                      MFA No. 6104 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 15TH DAY OF FEBRUARY, 2024

                                           BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   MISCELLANEOUS FIRST APPEAL NO. 6104 OF 2022 (CPC)

                   BETWEEN:

                   1.    SMT. PUTTAMMA
                         W/O LATE MUNIYAPPA
                         AGED ABOUT 58 YEARS

                   2.    SMT. RAJESHWARI
                         D/O LATE MUNIYAPPA
                         W/O M H RAMAMURTHY
                         AGED ABOUT 52 YEARS,

                   3.    SRI ANUJ KUMAR R
                         S/O M H RAMAMURTHY
                         AGED ABOUT 27 YEARS,

                   4.    R ASHA
Digitally signed
                         D/O M H RAMAMURTHY
by SHARANYA T            AGED ABOUT 22 YEARS,
Location: HIGH
COURT OF           5.    SRI JANARDHAN M
KARNATAKA
                         S/O LATE MUNIYAPPA
                         AGED ABOUT 50 YEARS,

                   6.    SMT. PUSHPALATHA
                         W/O JANARDHAN M
                         AGED ABOUT 38 YEARS,

                   7.    SRI AKSHITH
                         S/O LATE MUIYAPPA
                         AGED ABOUT 32 YEARS,
                             -2-
                                        NC: 2024:KHC:6463
                                    MFA No. 6104 of 2022




     ALL ARE R/AT PATTANAGERE VILLAGE
     KENGERI HOBLI
     BENGALURU SOUTH TALUK
     BENGALURU -560060

     REPRESENTED BY THEIR GPA HOLDER
     M.S. PRASAD
     MANAGING DIRECTOR
     M/S. TRINCO INFRA PRIVATE LIMITED
     A REGISTERED COMPANY
     HAVING ITS OFFICE AT NO.305A
     ANAND ONYX, 2ND FLOOR 15TH CROSS
     100 FEET ROAD, J.P.NAGAR, 5TH PHASE
     BENALURU -560078
                                            ...APPELLANTS

           (BY SRI. VIJAYA KUMAR K., ADVOCATE)

AND:

1.   SRI SANJEEVAIAH
     S/O LATE SANJEEVAIAH
     AGED ABOUT 63 YEARS,
2.   SMT. VENKATAMMA
     W/O LATE SANJEEVAIAH
     AGED ABOUT 57 YEARS,

3.   SMT. SHOBA
     D/O LATE SANJEEVAIAH
     AGED ABOUT 44 YEARS,

     SRI SREEDHAR
     SINCE DEAD
     DELETED IN TRIAL COURT
     VIDE ORDER DATED 29-07-2022
4.   SRI RAMESH
     S/O LATE SANJEEVAIAH
     AGED ABOUT 33 YEARS,

5.   SRI S. RAMAKRISHNAIAH
     S/O LATE SANJEEVAIAH
     AGED ABOUT 53 YEARS,
                             -3-
                                     NC: 2024:KHC:6463
                                  MFA No. 6104 of 2022




6.   SMT. GOWRAMMA
     W/O S. RAMAKRISHNAIAH
     AGED ABOUT 52 YEARS,

7.   MAMATHA
     D/O S RAMAKRISHNAIAH
     AGED ABOUT 29 YEARS,

8.   R. SOUMYA
     D/O S RAMAKRISHNAIAH
     AGED ABOUT 27 YEARS,

9.   R. MANJUNATH
     S/O S RAMAKRISHNAIAH
     AGED ABOUT 25 YEARS,

10. SMT. USHA
    W/O LATE S SADASHIVAIAH
    AGED ABOUT 53 YEARS,

11. SRI ANIL
    S/O LATE S SADASHIVAIAH
    AGED ABOUT 33 YEARS,

12. SRI S ARUN
    S/O LATE S SADASHIVAIAH
    AGED ABOUT 31 YEARS

13. SWETHA
    D/O LATE S SADASHIVAIAH
    AGED ABOUT 30 YEARS,

     RESPONDENTS NO.1 TO 13 ARE
     R/AT PATTANAGERE VILLAGE
     R.R. NAGARA
     BENGALURU -560098

14. SMT. PUTTAMMA
    W/O VENKATACHALAIAH
    AGED ABOUT 68 YEARS,
                            -4-
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                                 MFA No. 6104 of 2022




15. SMT. VENKATAMMA
    D/O VENKAGACHALAIAH
    AGED ABOUT 47 YEARS,

16. SMT. CHANDRAMMA
    D/O VENKATACHALAIAH
    AGED ABOUT 42 YEARS,

17. SMT. VIJAYALAKSHMI
    D/O VENKATACHALAIAH
    AGED ABOUT 38 YEARS,

18. SMT. SUMITHRA
    D/O VENKATACHALAIAH
    AGED ABOUT 35 YEARS,

    RESPONDENTS NO.14 TO 18
    ARE RESIDING AT NO.35
    PATTANAGERE VILLGE
    BEHIND MARAMMA DEVI TEMPLE
    R.R. NAGAR, BENGALURU SOUTH TALUK
    BENGALURU -560098

19. SRI SRINIVAS RAO
    S/O MOHAN RAO
    AGED ABOUT 70 YEARS,
    R/AT FLAT NO.530
    8TH CROSS, PATTANAGERE VILLAGE
    BENGALURU SOUTH TALUK
    BENGALURU -560098

20. SRI K B RAMESH
    S/O PARIYANA BORAIAH
    AGED ABOUT 52 YEARS,
    NO.35/36, 13TH CROSS
    AGRAHARA DASARAHALLI
    BENGALURU -560079

21. SRI RAJKUMAR
    S/O LATE C L MUNIYAPPA
    AGED ABOUT 50 YEARS,
                                  -5-
                                                NC: 2024:KHC:6463
                                           MFA No. 6104 of 2022




22. SRI PRAKASH
    S/O LATE C.L. MUNIYAPPA
    AGED ABOUT 38 YEARS,

23. SMT. SHIVAKUMARI
    D/O LATE C.L. MUNIYAPPA
    AGED ABOUT 53 YEARS,

     RESPONDENTS NO.21 TO 23 ARE
     R/AT NO.17, 1ST MAIN ROAD
     VALMIKI NAGAR, MYSORE ROAD
     BENGALURU -560006.
                                                     ...RESPONDENTS

         (BY SRI. G.SANJAY, ADVOCATE FOR C/R19;
   SMT. SUNITHA H. SINGH, ADVOCATE FOR C/R21 TO R23;
     SMT. VAIBHAVI BHAT, ADVOCATE FOR R1 TO R18)

     THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151
OF CPC, AGAINST THE ORDER DATED 20.08.2022 PASSED ON
I.A.NO.1 IN O.S.NO.2878/2022 ON THE FILE OF THE XI
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
CITY, CCH-8, REJECTING THE I.A.NO.1 FILED UNDER ORDER
39 RULE 1 AND 2 R/W SECTION 151 OF CPC.

    THIS APPEAL, COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                           JUDGMENT

Learned counsel for the appellants has filed a memo

stating that this appeal arise out of the suit in

O.S.No.2878/2022 and in view of disposal of the suit vide order

dated 24.01.2024, the present appeal does not survive for

consideration.

-6-

NC: 2024:KHC:6463
MFA No. 6104 of 2022

Accordingly, the appeal is dismissed as withdrawn in

terms of the memo.

Sd/-

JUDGE

ST
List No.: 1 Sl No.: 3

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