IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22nd DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL NO.6603 OF 2018 (CPC) BETWEEN:
Smt.B.Hemavathi W/o late Harishchandra D/o late G.H.Bangera Aged about 65 years R/at No.17, Kuvempu Cross Road J.P.Nagara 4th Phase Kanakapura Road Bengaluru – 560 078.
Since dead by her Legal heirs 1. Sri.H.Sharath Kumar S/o late Harischandra Aged about 42 years 2. Sri.H.Puneeth Kumar S/o late Harischandra Aged about 42 years 3. Sri.H.Rashmi D/o late Harischandra Aged about 38 years 4. Sri.H.Rajesh S/o late Harischandra Aged about 36 years 5. Smt.H.Sureka D/o late Harischandra Aged about 42 years Sl.No.1 to 5 are all Residing at No.45 Perianna Agrahara Naidu Layout, Rajiv Gandhi Road Kanakapura Main Road Bengaluru – 560 072.
And Sl.No.1, 2, 3 & 5 Represented by G.P.A. Holder Sl.No.4.
6. Sri.B.Chandrashekar S/o late G.H.Bangera Aged about 60 years R/at No.12/1, 2nd Main 9th Cross, Chamrajpet Bengaluru – 560 018.
7. Smt. Mangala Gowri W/o Sri.Raghuram D/o late G.H.Bangera Aged about 53 years R/at No.8/1, 4th Main 9th Cross, Ramachandra Agrahara Chamrajpet Bengaluru – 560 018.
8. Sri.B.Uttam Kumar S/o late G.H.Bangera Aged about 50 years R/at No.404 Bilvashree Nilaya 9th Cross, 1st Main Road Panchasheela Nagar Mudalapalya Bengaluru – 560 072.
9. Smt.B.Sujatha W/o Sri Kumar D/o late G.H.Bangera Aged about 49 years R/at C/o Tanuja Srinivas Doddagubbi Village Bidara Hobli Village Bagaluru Road Bengaluru East Taluk.
(By Sri.H.Manjunath, Advocate) AND:
1. Sri. Ratanshi D Patel S/o Sri.Devshi Patel Aged about 62 years R/at No.2075, 3rd ‘A’ Cross RPC Layout Bengaluru – 560 040.
2. Sri.M.D.Ramakrishnaiah S/o late Devashetty Gowda Aged about 68 years R/at No.MIG-2, 80 Feet Road Kengeri Satellite Town Bengaluru – 560 060.
3. Sri.K.R.Sathyanarayana S/o Sri.B.R.Ramachandra Aged about 51 years Residing at No.1648, 5th Main Kengeri Satellite Town Bengaluru – 560 060.
…Appellants 4. Sri.T.Manohar S/o Sri.M.S.Tanosi Rao Aged about 53 years R/at No.97, 2nd Main 1st Block, T.R.Nagar Bengaluru – 560 028.
…Respondents (By Sri.S.Javeed, Advocate for R4) **** This Miscellaneous First Appeal is filed under Order XLIII Rule 1(r) of the CPC, against the order dated 02.08.2018, passed on I.A.No.1 & IA in O.S.No.3663/2018 on the file of the LXVI Additional City Civil and Sessions Judge, Bengaluru City (CCH No.67), rejecting IA No.1 filed under Order 39 Rule 1 & 2 read with Section 151 of CPC, allowing IA filed under Order 39 Rule 4 read with Section 151 of CPC.
This appeal coming on for Orders this day, the Court delivered the following:
JUDGMENT Learned counsel for the appellant and respondents are absent. No representation.
In view of the office note, the appeal does not survive for consideration.
Accordingly, the miscellaneous first appeal is dismissed, as the same has become infructuous.
Sd/- JUDGE SSD