IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER 2019 BEFORE THE HON’BLE MRS JUSTICE K.S.MUDAGAL MISCELLANEOUS FIRST APPEAL NO.5465/2013 BETWEEN:
DR.M.SHANKAR NAIK S/O LATE M.M.NAIK DEAD BY HIS LRs.
1. SMT.SHANTHAMANI W/O LATE DR.SHANKAR NAIK AGED ABOUT 66 YEARS 2. SMT.PANKAJA NAIK D/O LATE DR.SHANKAR NAIK AGED ABOUT 48 YEARS 3. SMT.SARITHA D/O LATE DR.SHANKAR NAIK AGED ABOUT 46 YEARS 4. SMT.RAJATHA D/O LATE DR.SHANKAR NAIK AGED ABOUT 43 YEARS 5. SRI SAPTHAGIRI M.S.
S/O LATE DR.SHANKAR NAIK AGED ABOUT 40 YEARS APPELLANT NO.5 G.P.A. HOLDER OF APPELLANT NOS.1 TO 4 ALL ARE R/AT NO.20/B II MAIN ROAD, CIL COLONY SANJAYNAGAR, BENGALURU – 560 094 … APPELLANTS (BY SRI SHANMUKHAPPA, ADVOCATE) AND:
1. SRI THIPPAIAH S/O MUNIYAPPA AGED ABOUT 52 YEARS R/AT BHUVANAHALLI VILLAGE DEVANAHALLI KASABA DEVANAHALLI TALUK BANGALORE RURAL DISTRICT – 571 101 2. SRI VEERENDRA BABU S/O MUNI KEMPAIAH AGED ABOUT 49 YEARS 3. SRI GOPAL P. S/O THIMMAPPA AGED ABOUT 36 YEARS R2 AND R3 ARE R/AT BATTARAMARENAHALLI CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK BANGALORE RURAL DISTRICT – 571 101 4. M/S MAXWORTH REALITY (INDIA) LIMITED HAVING ITS OFFICE AT NO.22/2 RAILWAY PARALLEL ROAD NEHRU NAGAR BANGALORE – 560 020 REP.BY ITS CHAIRMAN AND MANAGING DIRECTOR SRI KESAVA K. …RESPONDENTS (BY SRI DESHRAI, ADVOCATE FOR R1;
SRI K.SHIVASHANKAR, ADVOCATE FOR R2; SMT.K.R.TULSI, ADVOCATE FOR R4; R3 SERVED) THIS MFA IS FILED UNDER ORDER XLIII RULE 1(r) OF CPC PRAYING TO SET ASIDE THE ORDER DATED 04.04.2013 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, ON I.A.NO.1 IN O.S.NO.158/2012.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T No representation for the appellants. The appeal is dismissed for non-prosecution.
KSR Sd/- JUDGE