IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.2861 OF 2018 (CPC) BETWEEN:
1. G. M. NAGARAJU, S/O. LATE MARISWAMY, AGED ABOUT 58 YEARS.
2. USHA, W/O. G.M NAGARAJU, AGED ABOUT 48 YEARS.
3. SPOORTHI, D/O. G.M NAGARAJU, AGED ABOUT 28 YEARS.
4. RAKSHA, D/O. G.M NAGARAJU, AGED ABOUT 24 YEARS.
5. G K SOMASHEKAR, S/O. LATE G.M KRISHNAPPA, AGED ABOUT 52 YEARS.
6. PAVITHRA, D/O. G.K SOMASHEKAR, AGED ABOUT 28 YEARS.
7. NISHANTH, S/O. G.K SOMASHEKAR, AGED ABOUT 25 YEARS.
8. NAGESH, S/O. MUNIRAJAPPA, AGED ABOUT 53 YEARS.
9. UDAYAKIRAN, S/O. NAGESH, AGED ABOUT 27 YEARS.
10. KAMALESH, S/O. MUNIRAJAPPA, AGED ABOUT 47 YEARS.
11. KANTHAMMA, W/O LATE NARAYANAPPA, AGED ABOUT 58 YEARS.
12. YASHODA D/O. NARAYANAPPA, AGED ABOUT 48 YEARS, 13. LAKSHMIKANTH, S/O. LATE NARAYANAPPA, AGED ABOUT 47 YEARS.
14. G NARENDRA, S/O. G.M GOPALA, AGED ABOUT 46 YEARS.
15. JAGADISH, S/O. LATE GOPALA, AGED ABOUT 42 YEARS.
16. BHARATHI, D/O. LATE GOPALA, AGED ABOUT 38 YEARS.
17.PRADEEP, D/O. LATE GOPALA, AGED ABOUT 37 YEARS.
THE APPELLANTS ARE R/O GUNJUR VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK. ... APPELLANTS (BY SRI MANJUNATH H, ADVOCATE) AND:
1. NAGALEELA, D/O LATE MUNIRAJAPPA, W/O NAGARAJ, AGED ABOUT 58 YEARS.
2. NIRMALA, D/O LATE MUNIRAJAPPA, W/O RAJANNA, AGED ABOUT 55 YEARS, 3. SAROJA, D/O LATE MUNIRAJAPPA, W/O RAJANNA, AGED ABOUT 51 YEARS.
4. RAJESHWARI, D/O LATE MUNIRAJAPPA, W/O JANRDHANA REDDY, AGED ABOUT 48 YEARS.
5. RAJINI, D/O LATE MUNIRAJAPPA, W/O VENKATESH, AGED ABOUT 41 YEARS.
6. VANI, D/O LATE MUNIRAJAPPA, W/O RAJU, AGED ABOUT 38 YEARS.
7. MURALI, S/O LATE MUNIRAJAPPA, AGED ABOUT 33 YEARS.
8. MARIYAMMA, D/O LATE D NAGAPPA, AGED ABOUT 83 YEARS.
THE RESPONDENTS ARE R/AT NO.115, NAGAPPA STREET, GUNJUR POST, VIA VARTHUR, BENGALURU-560087. ...RESPONDENTS **** THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION XLIII RULE 1(R) OF THE MOTOR VEHICLE ACTS, ALLOW THE APPEAL BY SET-ASIDE THE IMPUGNED ORDER DATED 16.05.2015 PASSED BY THE I ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU O.S.NO.907/2015 APPLICATION NO.3/2015 MADE BY THE RESPONDENTS/PLAINTIFF UNDER ORDER 39 RULE 1 AND 2 OF CPC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER Learned counsel for the appellants has filed a Memo seeking permission to withdraw the appeal, with liberty to approach the court at a later point of time.
2. In view of the submission made by the counsel, Memo is placed on record.
3. The miscellaneous first appeal is dismissed as withdrawn, reserving liberty to file fresh appeal, if permissible under law.
Sd/- JUDGE SJ