IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2019 BEFORE THE HON' BLE MR. JUSTICE K.SOMASHEKAR MFA NO 4358 OF 2014 (CPC) BETWEEN :
SMT. LAKKAMMA SINCE DEAD BY HER LRS 1. MARUTHI S/O. LATE SANJEEVAIAH AGED ABOUT 47 YEARS, 2. KRISHNA MURTHI S/O LATE SANJEEVAIAH, AGED ABOUT 36 YEARS, 3. MANJUNATHA S/O LATE SANJEEVAIAH, AGED ABOUT 36 YEARS, 4. KANTHARAJA S/O LATE SANJEEVAIAH, AGED ABOUT 33 YEARS, ALL ARE R/AT NO.3, NAGARABHAVI MAIN ROAD, BANGALORE-560 072 PRESENTLY R/AT:NO.15, VINYAS APARTMENT, GNANABHARATHI MAIN ROAD, NAGARABHAVI VILLAGE, BANGALORE-560 072. ... APPELLANTS (BY SRI.V.S.VENKATESHA GOWDA FOR SRI.G. BALAKRISHNA SHASTRY, ADVOCATE.) AND 1. MALLAPPA S/O LATE KARIYANNA, SINCE DEAD BY HIS LRS 1(a) SMT NARASAMMA W/O LATE MALLAPPA K AGED ABOUT 62 YEARS, R/AT NO.3,NAGARABHAVI MAIN ROAD, BANGALORE-560 072.
1(b) SMT ANUSUYA W/O LAKSHMINARYANA D/O D MALLAPPA, AGED ABOUT 43 YEARS, R/AT NO.16,NAGARABHAVI BANGALORE-560 072.
1(c) SMT KARIYAMMA D/O LATE MALLAPPA, W/O BALAKRISHNA AGED ABOUT 42 YEARS R/A NO.18, NAGARABHAVI BANGALORE-560 072.
1(d) SMT PARVATHAMMA D/O LATE MALLAPPA, AGED ABOUT 39 YEARS R/O HOYSALA NAGAR, NAGARABHAVI, BANGALORE-560 072.
1(e) SRI MARUTHI S/O LATE MALLAPPA, AGED ABOUT 31 YEARS R/AT NO.3, NAGARABHAVI MAIN ROAD, BANGALORE-560 072.
1(f) SMT KAMALA D/O LATE MALLAPPA, W/O LOKESH AGED ABOUT 35 YEARS, 1(g) SMT GANGAMMA D/O LATE MALLAPPA K W/O SAIPRASAD, AGED ABOUT 34 YEARS, 1(h) SMT KAVITHA D/O K MALLAPPA, AGED ABOUT 41 YEARS, R.1(f) TO (h) ARE R/AT. NO.23, NAGARABHAVI MAIN ROAD, BANGALORE-560 072 1(j) M NARAYANAPPA S/O MUNIYAPPA, AGED ABOUT 57 YEARS, 1(k) N VINAY KUMAR S/O NARAYANAPPA AGED ABOUT 34 YEARS, 1(l) N VENUGOPAL S/O NARAYANAPPA AGED ABOUT 30 YEARS, R1(j) TO (l) ARE R/AT #292,1ST MAIN,1ST CROSS, NAGARABHAVI, BANGALORE-560 072 2 KARIYAPPA S/O LATE KARIYANNA, AGED ABOUT 36 YEARS, R/AT:NO 34,SHANTHINIKETHAN 1ST SECTOR, NAGARABHAVI BANGALORE-560 072 3. CHIKAMALLAPPA S/O LATE KARIYANNA SINCE DEAD BY HIS LRS 3(a) SMT MUNILAKSHMAMMA W/O LATE CHIKKAMALLAPPA AGED ABOUT 63 YEARS, 3(b) HANUMEGOWDA S/O LATE CHIKKAMALLAPPA AGED ABOUT 44 YEARS, 3(c) SHIVARAJ S/O LATE CHIKKAMALLAPPA AGED ABOUT 42 YEARS, 3(d) SMT MANJULA W/O SRI NARASIMHA MURTHY, D/O CHIKKAMALAPPA, AGED ABOUT 38 YEARS, R.3(a) TO (d) ARE R/AT NO.352, 7TH "A"CROSS, 4TH PHASE, VINAYAKA LAYOUT, NAGARABHAVI II STAGE,BANGALORE-560 072 4. RAMAIAH, S/O LATE KARIYANNA, AGED ABOUT 63 YEARS, NO.44, 7TH CROSS,HOYSALANAGAR, NAGARABHAVI, BANGALORE-560 027.
5. SMT PUTTAMMA, D/O KARIYANNA, W/O MUDDANNA, AGED ABOUT 79 YEARS, R/AT C/O HUCHAKARIYAPPA, LINGAMMANAHALLI PALYA, K G TEMPLE, KADABA HOBLI, GUBBI TALUK, TUMKUR DISTRICT-572 216.
6. SMT LAKSHMAMMA, D/O KARIYANNA, W/O NANJAPPA,AGED ABOUT 60 YEARS, R/AT NO.1, KRISHNAPURA DABASPET POST, NELAMANGALA TALUK, BANGALORE DISTRICT-562 123.
7. LAKSHMINARAYAN S/O C T KALAIAH, AGED ABOUT 59 YEARS, R/AT NO.37, MOODALAPALYA SHAKTHI GARDEN, BANGALORE-560 027. ... RESPONDENTS THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 19.03.2014 PASSED ON IA IN OS NO.3976/2005 ON THE FILE OF THE XXII ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BANGALORE, DISMISSING IA'S FILED U/O 39 RULES 1 & 2 OF CPC ETC.
THIS APPEAL COMING ON FOR ‘DISMISSAL OF APPEAL’ THIS DAY, THE COURT DELIVERED THE FOLLOWING :
JUDGMENT Learned counsel for the appellants submits that the appeal may be dismissed as not pressed.
2. Submission is placed on record. Appeal is dismissed as not pressed.
Sd/- JUDGE Msu