IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.3128 OF 2019 (CPC) BETWEEN:
1. SMT. JATHRUTHA AGED ABOUT 63 YEARS, D/O CHOWRI REDDY, RESIDING AT ELLANAPALYA, ARABIC COLLEGE POST, BENGALURU - 560 045.
2. SMT. K.K. SUNITA, AGED ABOUT 51 YEARS, D/O KEMPAIAH, RESIDING AT PATEL, MUNIVENKATAPPA, LAYOUT, NAGAVARA, ARABIC COLLEGE POST, BENGALURU - 560 045.
REPRESNTED BY THEIR GPA HOLDER SRI. ANAND SURANA. ... APPELLANTS (BY SRI SAMARTHA S, ADVOCATE) AND:
1. SRI. KRISHNA MURTHY AGED ABOUT 68 YEARS, S/O LATE RAMARAO, RESIDING AT NO.29, 8TH MAIN, 16TH CROSS, LAKKASANDRA BENGALURU - 560 038.
2. SRI. RADHAKRISHNA RAO AGED ABOUT 76 YEARS, S/O LATE RAMARAO, RESIDING AT FARM HOUSE, CHOKANAHALLI, NEAR D.J.FARM, JAKKUR POST BENGALURU - 560 064.
3. SMT. SUNDARAMMAM, AGED ABOUT 81 YEARS, W/O LATE VENKOBA RAO, RESIDING AT NO. 542, I STAGE, II BLOCK, 5TH MAIN, HBR LAYOUT, BANGALORE - 560 084.
4. SMT. SHANTHAMMA, W/O LATE B.S. KRISHNA, AGED ABOUT 74 YEARS, RESIDING AT 17, 2ND CROSS, ADUGODI GUPTA LAYOUT, BANGALORE - 560 030.
5. SMT. KRISHNAVENI, AGED ABOUT 72 YEARS, W/O LATE VENKATESH, RESIDING AT 17, 2ND CROSS, ADUGODI GUPTA LAYOUT, BANGALORE - 560 030.
6. SRI. BIDAPPA, S/O LATE BIJAPPA, AGED ABOUT 96 YEARS, RESIDING AT ELLANAPALYA ARABIC COLLEGE POST BANGALORE - 560 045.
7. SMT. GOWRAMMA, D/O BIDAPPA, AGED ABOUT 86 YEARS, RESIDING AT ELLANAPALYA, ARABIC COLLEGE POST, BANGALORE - 560 045.
8. SRI. K. SRINIVAS, S/O SRI. KRISHNAPPA, AGED ABOUT 45 YEARS, RESIDING AT NO. 685, 11TH CROSS, 4TH MAIN, VIJAYANAGAR BANGALORE - 560 040.
9. M/S MANYATA PROMOTERS PRIVATE LIMITED, 1ST FLOOR, CLASSIC COURT, NO.9/1, RICHMOND ROAD, BANGALORE - 560 025, REPRESENTED BY ITS MANAGING DIRECTOR, SRI. REDDY VEERANNA.
10. SRI. R. MADHU S/O SRI. RADHAKRISHNA RAO, MAJOR IN AGE, RESIDING AT CHOKKANAHALLI VILLAGE, NEAR D.J.FARM, JAKKUR POST, BANGALORE - 560 064.
11. SRI. SANJEEV SHAKHAPUR, S/O SRI. A.R. SHAKHAPUR, AGED ABOUT 60 YEARS, RESIDING AT NO. 11-1822, VIDYANAGAR, GULBARGA - 585 103.
12. SRI. MAHENDRA KARLE S/O LATE L.T.KARLE MAJOR IN AGE, RESIDING AT,NO. 151, INDUSTRIAL AREA, NEAR YESHWANTHAPURA OPP. METRO, BANGALORE - 560 022.
13. SMT. LAKSHMI S NARAYANA D/O N.S.VENKATARAMU, MAJOR IN AGE RESIDING AT NO. 151, INDUSTRIAL AREA, NEAR YESHWANTHAPURA OPP. METRO BANGALORE - 560 022.
14. SMT. KALPANA JAGADEESH @ KALPANA BELUR W/O JAGADEES BELUR, MAJOR IN AGE, RESIDING AT NO. 151, INDUSTRIAL AREA, NEAR YESHWANTHAPURA OPP. METRO BANGALORE - 560 022.
15. SRI. G.R. BHASKAR, S/O SRI. G.N. RAMASWAMY, MAJOR IN AGE, RESIDING AT NO. 151, INDUSTRIAL AREA, NEAR YESHWANTHAPURA OPP. METRO BANGALORE - 560 022.
16. M/S VAJRAM ESTATES PRIVATE LIMITED SRI. VIJAYARAJA ESTATE, HEGDE NAGARA MAIN ROAD, CHOKKANAHALLI VILLAGE, YELAHANKA HOBLI, BENGALURU - 560 064 REPRESENTED BY ITS MANAGING DIRECTOR. ... RESPONDENTS **** THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER THE CODE OF CIVIL PROCEDURE SET-ASIDE THE ORDER PASSED BY THE HON’BLE ADDL.CITY CIVIL AND SESSIONS JUDGE (CCH-44), BANGALORE WHICH WAS NUMBERED AS O.S.NO.2430/2003 ON 05.04.2003, AND ETC., THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER The counsel for the appellants has filed a memo seeking permission to withdraw the appeal with liberty to file fresh petition under appropriate provisions and has sought for return of the certified copies.
2. Considering the submission of the counsel, memo is placed on record.
3. The miscellaneous first appeal is dismissed as withdrawn, reserving liberty to file a fresh petition under appropriate provisions, if permissible under law.
4. The office is directed to return the certified copies to the counsel by keeping the photostat copies in the file.
Sd/- JUDGE SJ