Sri R Anandan vs Sri D Y Srinivas on 15 February, 2024


Sri R Anandan vs Sri D Y Srinivas on 15 February, 2024


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Karnataka High Court

Sri R Anandan vs Sri D Y Srinivas on 15 February, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                               -1-
                                                            NC: 2024:KHC:6462
                                                        MFA No. 7684 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. 7684 OF 2022 (CPC)

                   BETWEEN:

                   1.    SRI R. ANANDAN
                         S/O LATE S. RANGASWAMY
                         AGED ABOUT 60 YEARS
                         R/AT NO.101, SASTHAILLAM
                         3RD B CROSS, 1ST G MAIN,
                         EAST OF NGEF LAYOUT
                         KASTURINAGARA
                         BENGALURU - 560043
                                                                  ...APPELLANT
                                  (BY SRI. LOKESH K., ADVOCATE)
                   AND:

                   1.    SRI D.Y. SRINIVAS
                         S/O LATE YERRAPPA
                         AGED ABOUT 65 YEARS
Digitally signed
by SHARANYA T      2.    SRI D.Y. GANESHAPPA
Location: HIGH           S/O LATE YERRAPPA
COURT OF
KARNATAKA                AGED ABOUT 62 YEARS

                   3.    SRI D.Y. KRISHNAPPA
                         S/O LATE YERRAPPA
                         AGED ABOUT 63 YEARS

                   4.    SRI D.Y. NAGARAJ
                         S/O LATE YERRAPPA
                         AGED ABOUT 51 YEARS

                   5.    SRI D.Y. NARAYANASWAMY
                         S/O LATE YERRAPPA
                         AGED ABOUT 58 YEARS
                             -2-
                                         NC: 2024:KHC:6462
                                     MFA No. 7684 of 2022




     RESPONDENT NOS.1 TO 5
     ARE NOW RESIDING AT NO.99,
     SRI KRISHNA NILAYA
     SWAMY VIVEKANANDA
     ASHRAMA ROAD,
     GOKULA LAYOUT,
     DEVASANDRA, K.R. PURAM
     BENGALURU - 560036.

6.   SRI K.N. NAGARAJU
     S/O LATE B K NARAYANAPPA
     AGED ABOUT 43 YEARS

7.   SRI BALARAJU
     S/O SRI A. JOSEPH
     AGED ABOUT 40 YEARS

     RESPONDENTS NO.6 AND 7 ARE
     RESIDING AT KALKERE VILLAGE
     HORAMAVU POST
     BENGALURU - 560043
                                          ...RESPONDENTS

     (BY SRI. SHASHI KUMAR G.V., ADVOCATE FOR R1 - R5;
                VIDE ORDER DATED 12.12.2022,
           NOTICE TO R6 AND R7 DISPENSED WITH)

      THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED 30.09.2022 PASSED ON I.A.
NOs.1 AND 2    IN O.S.NO.3106/2021 ON THE FILE OF THE LIX
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
CITY (CCH-60), DISMISSING THE I.A. NO.1      FILED UNDER
ORDER XXXIX RULES 1 AND 2 OF CPC AND DISMISSING THE
I.A.NO.II FILED UNDER ORDER XXXIX RULES 1 AND 2 OF CPC.


      THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
                              -3-
                                           NC: 2024:KHC:6462
                                       MFA No. 7684 of 2022




                           ORDER

Learned counsel for the appellant has filed a memo

stating that this appeal arise out of O.S.No.3106/2021 and the

said suit in O.S.No.3106/2021 is disposed of vide order dated

30.10.2023 and hence, this appeal does not survive for

consideration.

In terms of the memo, the appeal is dismissed as

withdrawn

Sd/-

JUDGE

ST
List No.: 1 Sl No.: 4