IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL NO.1609 OF 2015 (CPC) BETWEEN:
1. Smt.Manjula Wife of Gopalaswamy Daughter of Late Rajanna Aged about 51 years Residing at Andrahalli Village Channarayapatna Hobli Devanahalli Taluk – 562 110 Bangalore Rural District.
2. Smt. Sharadamma Wife of late Rajanna Aged about 75 years Residing at Andrahalli Village Channarayapatna Hobli Devanahalli Taluk – 562 110 Bangalore Rural District.
3. Sri.N.Gopala Swamy Son of late Nanjundappa Aged about 63 years Residing at Andrahalli Village Channarayapatna Hobli Devanahalli Taluk – 562 110 Bangalore Rural District. …Appellants (By Sri.P.M.Siddamallappa, Advocate) AND:
1. Smt.Sarojamma Wife of Krishnappa Daughter of Nanjundappa Aged about 62 years Residing at Jyothipura Village Mandur Post, Bidaralli Hobli Bangalore Rural District.
2. Sri.N.Chandrappa Son of late Nanjundappa Aged about 60 years Residing at Andrahalli Village Channarayapatna Hobli Devanahalli Taluk – 562 110 Bangalore Rural District.
3. Smt.Rukminiyamma Daughter of Late Papanna Wife of Nanjappa Aged about 69 years Residing at Ramagondanahalli Yelahanka Hobli Bangalore North Taluk – 560 064.
4. Smt.Jayamma Since dead by her Lrs.
4a. Sri.Muniraja Son of Gundappa Aged about 58 years 4b. Sri.Gopala Swamy Son of Gundappa Aged about 55 years 4c. Sri.Manjunath Son of Gundappa Aged about 52 years 4d. Sri.Shekara Son of Gundappa Aged about 49 years All the above i.e. 4(a) to (d) are Residing at Jyothipura Village Mandur Post, Bidaralli Hobli Bangalore Rural District – 560 049.
5. Sri.Ramakrishna Son of late Papanna Aged about 63 years Residing at No.G.16 Jogupalya, Halasur Bangalore – 560 008. …Respondents (Notice served on R1 to R5) **** This Miscellaneous First Appeal is filed under Order 43 Rule 1(r) of CPC, against the order dated 09.02.2015 passed on IA No.1 OS No.5572/2014 on the file of the XII Additional City Civil & Sessions Judge, dismissing the IA No. I filed under Order 39 Rule 1 & 2 of CPC.
This appeal coming on for Admission this day, the Court made the following:
JUDGMENT Heard the learned counsel for appellants.
Learned counsel for the respondent No.5 submits that the matter was settled long back on 06.10.2016.
In view of the office note, the appeal does not survive for consideration.
Accordingly, the miscellaneous first appeal is dismissed, as the same has become infructuous.
Sd/- JUDGE SSD