IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR MISCELLANEOUS FIRST APPEAL No.7990 OF 2012 (CPC) BETWEEN Smt. Girijamma, W/o. B.S.Lakshmana Murthy, Aged about 56 years, D/o. Gowramma, R/at No.59-60, 9th Cross, Magadi Main Road, Bengaluru-560023.
Present residential Address No.624, Lakkagirivasa, Sir M.Vishweshraiah Layout, Out House, VII Block, Bengaluru-560091.
(By Sri. D.Prabhakar, Advocate) AND 1. Smt. M.A.Bhagirathi, Aged about 90 years, D/o. Late Dodda Venkatamma and K.Appajappa & W/o. Late S.P.Ananth, R/at Door No.298, LIC, SFS 707, 4th Cross, 2nd Main Road, IV Phase, KHB Colony New Town, Yelahanka, Bengaluru.
…Appellant 2. T.Ramdas, S/o. Late Thimmanna Setty, Aged about 73 years, R/at No.5, Out House, DVG Road, Basavanagudi, Bengaluru-04.
3. Smt. B.S.Shobharani, W/o. Late Vaidhyanatha, D-IN-Law of Gowramma, R/at No.349, 12th Cross, 2nd Block, Jayanagar, Bengaluru-11.
Present residential Address No.213, 12th Cross, South End Circle, 2nd Block, Jayanagar, Bengaluru-11.
4. Smt. Sarojamma, W/o. Srinivasa, D/o. Gowramma, R/at No.Thally Village, Denkanikotal Taluk, Tamil Nadu, 5. Smt. Kumari, Aged about 46 years, W/o. Thimmarayasetty, D/o. Gowramma, R/at No.3, 7th Cross, Bovi Palya, 1st Block East, Jayanagar, Bengaluru-11.
6. Seetharama Trust, Kengeri Town, Kengeri, Bengaluru, Represented by its Secretary A. Muniyappa, 7. Sri. M.S.Srinivasa Murthy, S/o. Late Sonnappa Shetty, Aged about 78 years, R/at Kengeri Town, Chairman, Seetharama Trust, Present Residential Address House No.214/Y, 13th Main Road, 53rd Cross, IV Block, Rajajinagar, Bengaluru-10.
8. Sri. A.Muniyappa, S/o. M.Appajappa, Aged about 76 years, R/at Kengeri Town, Kengeri, Bengaluru-62.
9. Sri. V.S.Ramachandra, Major, S/o. V.Sampangiramaiah, R/at No.195, 5th Main Road, Chamarajpet, Bengaluru-18, Trustee, Seetharama Trust, 10. Sri. N.Ashwathnarayana Shetty, S/o. Naganna, Aged about 73 years, C/o. J.B.Kempanna Setty Charities, Nagarthpet Road, Bengaluru-02, Trustee, Seetharama Trust, 11. Sri. N.Gopal, Major, S/o. Naganna Setty, Retired High School teacher, Kengeri Town, Kengeri, Bengaluru-62, Trustee, Seetharama Trust, 12. Sri. N.Vijayaraju, Major, Kengeri Town, Kengeri, Bengaluru-62, Trustee, Seetharama Trust, 13. Smt. D.T.Sangeetha, Major, W/o. Madhu Sudhan, R/at No.2421, 1st Main Road, Vijayanagar, Bengaluru-40.
14. M/s. Annapoorna Chemicals & Fertilisers Pvt. Ltd., No.54, 8th Cross, Malleshwaram, Bengaluru-03.
15. M/s. Hindustan Petroleum Corporation Ltd., Indian Express Building, No.1, Dr. Ambedkar Veedhi, Bengaluru, Represented by its Regional Manager (Sales).
…Respondents (By Sri. Shaker Shetty, Advocate for R6 to R8, Sri. Mallikarjuna C. Balareddy, Advocate for R15, Vide order dated 03.08.2018 appeal against R1 stands abated, R9 to R13 – Served) This MFA is filed under Order 43 Rule 1(r) of the CPC, against the order dated 16.06.2012 passed on I.A.No.12 in O.S.No.7714/2003 on the file of 43rd Additional City Civil & Sessions Judge, Bengaluru, rejecting I.A.No.12 under Order 39 Rules 1 & 2 of CPC.
This MFA coming on for orders, this day, the Court made the following :
ORDER The appellants’ counsel has filed a memo stating that in view of the disposal of the original suit O.S.No.7714/2003 dated 07.06.2019 this appeal has become infructuous. Memo is placed on record. Appeal is dismissed.
Sd/- JUDGE sd