IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR M.F.A. No.2347/2018 (CPC) BETWEEN:
1. SMT. MANGALAMMA, W/O LATE NANJUNDAPPA, AGED ABOUT 82 YEARS, R/AT VIRGONAGAR POST, HOSKOTE KODI, NEAR BSNL TOWER, HOSKOTE, BANGALORE – 49.
2. SRI RAVI, S/O LATE NANJUNDAPPA, AGED ABOUT 51 YEARS, R/AT NO.69, 3RD CROSS, PATEL GUNDAPPA ROAD, BENGALURU.
3. SRI SHASHI, S/O LATE NANJUNDAPPA, AGED ABOUT 49 YEARS, R/AT VIRGONAGAR POST, HOSKOTE KODI, NEAR BSNL TOWER, HOSKOTE, BANGALORE – 49.
4. SMT. SHEELA, D/O LATE SRI NANJUNDAPPA, AGED ABOUT 43 YEARS, R/AT VIRGONAGAR POST, HOSKOTE KODI, NEAR BSNL TOWER, HOSKOTE, BANGALORE – 49.
5. SRI CHANDRASHEKAR DECEASED BY HIS LRS.
5(A) SMT. GNANAMAGA, W/O LATE CHANDRASHEKAR, AGED ABOUT 57 YEARS.
5(B) SMT. NANDHINI, D/O LATE CHANDRASHEKAR, AGED ABOUT 39 YEARS.
5(C) SRI RUDRESH, S/O LATE CHANDRASHEKAR, AGED ABOUT 35 YEARS.
SL. NOS. 5(A) TO (C) ARE RESIDING AT:
NO.221, KAMARAJA ROAD, BENGALURU – 560 042. ... APPELLANTS (BY SRI M.D. RAGHUNATH, ADVOCATE - ABSENT) AND:
1. SRI M. SHIVAKUMAR, S/O LATE MARIAPPA, AGED ABOUT 66 YEARS, R/AT # 2, ‘O’ NO 4TH STREET, KAMARAJA ROAD, BENGALURU – 560 042.
2. SRI PRABHUDEV, S/O LATE NANJAPPA, AGED ABOUT 65 YEARS, R/AT # 48, 3RD CROSS, BSK 3RD STAGE, NEAR KATRIGUPPE POST OFFICE, BANGALORE – 560 085.
3. SMT. MANGALA, W/O LATE SRI VIRUPAKSHA, AGED ABOUT 57 YEARS.
4. SMT. MONIKA, D/O LATE SRI VIRUPAKSHA, AGED ABOUT 35 YEARS.
5. SRI JAGADEESHA, S/O LATE SRI VIRUPAKSHA, AGED ABOUT 33 YEARS.
RESPONDENTS NO.3 TO 7 R/AT # 131, DISPENSARY ROAD, SHIVAJINAGAR, BANGALORE – 560 001.
6. SMT. K.S.MANJULA, W/O LATE SRI PRATAP, AGED ABOUT 50 YEARS.
7. SMT. P. SHOBHA, D/O LATE SRI PRATAP, AGED ABOUT 29 YEARS.
8. SMT. P. MALASHREE, D/O LATE SRI PRATAP, AGED ABOUT 31 YEARS.
RESPONDENTS 6 TO 8 R/AT # 28, 1ST FLOOR, 2ND BLOCK, AKSHAYANAGAR, (RAMAMURTHYNAGAR), BANGALORE – 560 016.
9. SMT. SAROJA, D/O LATE SRI MARIAPPA, AGED ABOUT 74 YEARS, R/AT # 2, CHURCH STREET, BANGALORE – 560 001. … RESPONDENTS THIS M.F.A. IS FILED UNDER ORDER 43 RULE 1 OF CPC, PRAYING TO ALLOW THE APPEAL WITH COSTS AND SET ASIDE THE ORDERS PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU IN O.S. NO.580/2011, IN RESPECT TO THE APPLICATION IA-1 FILED BY THE PLAINTIFF UNDER ORDER XXXIX RULE 1 & 2 R/W SECTION 151 OF CPC DATED 15.12.2017 AND VACATE THE ORDERS OF INJUNCTION GRANTED BY THE COURT BELOW AND ETC.
THIS M.F.A. COMING ON FOR ORDERS THIS DAY, THE COURT, MADE THE FOLLOWING:
O R D E R The order sheet shows number of opportunities being given to the appellants for removing the office objections.
2. Appellants’ counsel is absent today. The office objections have remained unattended. Appeal is dismissed for non-prosecution.
SD/- JUDGE VGR