IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL NO.2549 OF 2015 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO.2550 OF 2015 C/W MISCELLANEOUS FIRST APPEAL NO.2548 OF 2015 IN M.F.A.NO.2549/2015 BETWEEN:
Mr.G.D.Srinivas S/o late Desikachar Aged about 44 years Advocate Presently R/at No.204 2nd floor, Serene Groove Apartments No.19, 2nd Main, Kodihalli HAL 2nd Stage, Bangalore – 560 008. Earlier R/at No.2988, “Ashwini”
12th Main Road, HAL 2nd Stage Indiranagar, Bangalore – 560 008. …Appellant (By Sri.A.D.Ramananda, Advocate) AND:
1. Dr.Veena Raghuraj W/o Dr.Raghuraj Aged about 47 years R/at Apartment No.5 Avantika Villa, Badriya Nagar Taliparambam Kannur District Kerala State – 670 141.
2. Viday D Belur W/o Kasthuri Belur Aged about 42 years R/at House No.39 4th Cross, Judicial Officers Layout R.M.V. 2nd Stage Bangalore – 560 094. Presently she is also R/at No. 2988, “Ashwini”
12th Main Road, HAL 2nd Stage Indiranagar, Bangalore – 560 008.
3. Mrs.Saroja Desikachar W/o late Dr.G.Desikachar Aged about 70 years R/at No. 2988, “Ashwini”
12th Main Road, HAL 2nd Stage Indiranagar, Bangalore – 560 008.
4. Mr.G.D.Sudarshan S/o late Dr.G.Desikachar Aged about 45 years Permanent R/at No. 2988, “Ashwini” 12th Main Road, HAL 2nd Stage Indiranagar, Bangalore – 560 008.
And presently R/at No.2027 Lemon Wood Court, Sanramon California – 94582, U.S.A.
5. Adriansc (P) Ltd., R/by Executive Director Mr.Athul Kukrega No. 2988, “Ashwini”, 1st Floor 12th Main Road, HAL 2nd Stage Indiranagar, Bangalore – 560 008. …Respondents (By Sri.P.N.Harish, Advocate for R2; Sri.Pradeep Singh, Advocate for R5; Notice served on R1) ***** This Miscellaneous First Appeal is filed under Order 43 rule 1(r) of CPC, against the order dated 12.03.2015 passed on I.A.No.2 in O.S. No. 8964/2013 on the file of the 35th Additional City Civil and Sessions Judge, Bengaluru (CCH- 36), Allowing I.A.No.2 filed under Order 39, Rule 1 & 2, read with Section 151 of CPC.
IN M.F.A.NO.2550/2015 BETWEEN:
Mr.G.D.Srinivas S/o late Desikachar Aged about 44 years, Advocate Presently R/at No.204, 2nd floor, Serene Groove Apartments No.19, 2nd Main, Kodihalli HAL 2nd Stage, Bangalore – 560 008. Earlier R/at No.2988, “Ashwini”
12th Main Road, HAL 2nd Stage Indiranagar, Bangalore – 560 008. …Appellant (By Sri.A.D.Ramananda, Advocate) AND:
1. Dr.Veena Raghuraj W/o Dr.Raghuraj Aged about 47 years R/at Apartment No.5 Avantika Villa, Badriya Nagar Taliparambam Kannur District Kerala State – 670 141.
2. Viday D Belur W/o Kasthuri Belur Aged about 42 years R/at House No.39 4th Cross, Judicial Officers Layout R.M.V. 2nd Stage Bangalore – 560 094. Presently she is also R/at No. 2988, “Ashwini”
12th Main Road, HAL 2nd Stage Indiranagar, Bangalore – 560 008.
3. Mrs.Saroja Desikachar W/o late Dr.G.Desikachar Aged about 70 years R/at No. 2988, “Ashwini”
12th Main Road, HAL 2nd Stage Indiranagar, Bangalore – 560 008.
4. Mr.G.D.Sudarshan, S/o late Dr.G.Desikachar Aged about 45 years Permanent R/at No. 2988, “Ashwini” 12th Main Road, HAL 2nd Stage Indiranagar, Bangalore – 560 008.
And presently R/at No.2027 Lemon Wood Court, Sanramon California – 94582, U.S.A.
5. Adriansc India (P) Ltd. R/by Executive Director Mr.Athul Kukrega No. 2988, “Ashwini”, 1st Floor 12th Main Road, HAL 2nd Stage Indiranagar, Bangalore – 560 008. …Respondents (By Sri.P.N.Harish, Advocate for C/R2; Notice served on R1, R3 and R5) ***** This Miscellaneous First Appeal is filed under Order 43 rule 1(r) of CPC, against the order dated 12.03.2015 passed on I.A. No.11 in O.S. No. 8964/2013 on the file of the 35th Additional City Civil and Sessions Judge, Bengaluru), dismissing I.A.No.11 filed under Order 39, Rule 1 & 2, read with Section 151 of CPC.
IN M.F.A.NO.2548/2015 BETWEEN:
Mr.G.D.Srinivas S/o late Desikachar Aged about 44 years Advocate Presently R/at No.204 2nd floor, Serene Groove Apartments No.19, 2nd Main Kodihalli, HAL 2nd Stage Bangalore – 560 008.
Earlier R/at No.2988, “Ashwini” 12th Main Road, HAL 2nd Stage Indiranagar, Bangalore – 560 008. …Appellant (By Sri.A.D.Ramananda, Advocate) AND:
1. Dr.Veena Raghuraj W/o Dr.Raghuraj Aged about 48 years R/at Apartment No.5 Avantika Villa, Badriya Nagar Taliparambam Kannur District Kerala State – 670 141.
2. Viday D Belur W/o Kasthuri Belur Aged about 43 years R/at House No.39 4th Cross, Judicial Officers Layout R.M.V. 2nd Stage Bangalore – 560 094. Presently she is also R/at No. 2988, “Ashwini”
12th Main Road, HAL 2nd Stage Indiranagar, Bangalore – 560 008.
3. Mrs. Saroja Desikachar W/o late Dr.G.Desikachar Aged about 71 years R/at No. 2988, “Ashwini”
12th Main Road, HAL 2nd Stage Indiranagar, Bangalore – 560 008.
4. Mr.G.D.Sudarshan S/o late Dr.G.Desikachar Aged about 45 years Permanent R/at No. 2988, “Ashwini” 12th Main Road, HAL 2nd Stage Indiranagar, Bangalore – 560 008.
And presently R/at No.2027 Lemon Wood Court, Sanramon California – 94582, U.S.A.
5. Adriansc (P) Ltd.
R/by Executive Director Mr. Athul Kukrega No.2988, “Ashwini”
1st Floor, 12th Main, HAL 2nd Stage Indiranagar, Bangalore-560 008. …Respondents (By Sri.P.N.Harish, Advocate for R2; Notice served on R3; R5 deleted vide order dated 13.02.2015) ***** This Miscellaneous First Appeal is filed under Order 43 Rule 1(r) of CPC, against the order dated 12.03.2015 passed on I.A. No.1 in O.S. No. 8964/2013 on the file of the 35th Additional City Civil Court and Sessions Judge, Bengaluru, dismissing I.A.No.1 filed U/O 39 Rule 1 & 2 read with Section 151 of CPC.
These appeals coming on for admission this day, the Court delivered the following:
JUDGMENT Heard the learned counsel for the appellants.
In view of the office note, the appeals do not survive for consideration.
Accordingly, miscellaneous first appeals are dismissed, as the same have become infructuous.
Sd/- JUDGE SSD