IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE ASHOK G.NIJAGANNAVAR M.F.A. No.1117 OF 2019 (CPC) BETWEEN:
1. SMT. D VALLIYAMMA W/O. SRI. JAYARAM AGED ABOUT 65 YEARS RESIDING AT NO.33, 4TH MAIN 7TH BLOCK, B.S.K.III STAGE BANGALORE - 560 050.
2. SRI. D. NAGARAJ S/O. DORAISWAMY MODALIAR AGED ABOUT 54 YEARS RESIDING AT NO. 32/2 1ST CROSS, 4TH MAIN 4TH BLOCK, T.R.NAGAR BANGALORE - 560 028.
3. SMT. D. PADMAVATHI W/O. D. RAVINDRAN AGED ABOUT 54 YEARS RESIDING AT NO. 173, 11TH CROSS, 3RD BLOCK 6TH ‘A’ MAIN T.R.NAGAR BANGALORE - 560 028. ... APPELLANTS (BY SRI N.N. RAJ URS, ADVOCATE) AND:
1. SMT. GANGAMMA W/O. R. DORIASWAMY MODALIAR AGED ABOUT 90 YEARS RESIDING AT NO.23, 10TH CROSS 4TH MAIN, 4TH BLOCK T.R.NAGAR BANGALORE - 560 028.
2. SRI D. LINGAMURTHY S/O. R. DORIASWAMY MODALIAR AGED ABOUT 63 YEARS R/AT NO.16, 4TH CROSS, 3RD BLOCK JAVARAIAH GARDEN GANGAMMA TEMPLE T.R.NAGAR BANGALORE - 560 028.
3. SMT. R NAVARATHNA W/O. D. LINGAMURTHY AGED ABOUT 54 YEARS R/AT NO.16, 4TH CROSS, 3RD BLOCK JAVARAIAH GARDEN GANGAMMA TEMPLE T.R.NAGAR BANGALORE - 560 028.
4. SMT. D. LALITHA W/O. A. KUMAR AGED ABOUT 50 YEARS RESIDING AT NO. 23 10TH CROSS, 4TH MAIN, 4TH BLOCK T.R.NAGAR BANGALORE - 560 028.
5. M/S. NAVANEETHA HOMES PROMOTERS AND DEVELOPERS HAVING ITS OFFICE AT NO. 45 & 46 NAVANEETHA SILVER LAKE 2ND & 3RD CROSS, VITTAL NAGAR ISRO LAYOUT, KUMARASWAMY LAYOUT BANGALORE - 560 078.
6. SRI N. SHANKAR S/O. R. DORAISWAMY MODALIAR AGED ABOUT 65 YEARS RESIDING AT NO. 32/2, 1ST CROSS 4TH MAIN, 4TH BLOCK T.R.NAGAR BANGALORE - 560 028. … RESPONDENTS (BY SRI K. CHETHAN KUMAR, ADV. FOR R2, R3 & R5) THIS MFA IS FILED UNDER ORDER 43 RULE 1(R) OF CPC, AGAINST THE ORDER DATED 02.01.2019 PASSED ON I.A.NO.6(A) IN O.S.NO.4284/2014 ON THE FILE OF 12TH ADDITIONAL CITY CIVIL JUDGE, BENGALURU.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Learned counsel for the appellants has filed a memo dated 25.02.2019 seeking permission to withdraw the appeal with liberty to file a writ petition.
2. Considering the submission of the learned counsel, memo is placed on record. Accordingly, the appeal is dismissed as withdrawn reserving liberty to the appellants to file a writ petition.
Sd/- JUDGE KA/-