IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL NO.5846 OF 2017 (CPC) BETWEEN:
1. Smt. Munipoojamma D/o. Late Sanjeevaiah Aged about 50 years Residing at Hullegowdanahalli Village, Dasanapura Hobli Bangalore North Taluk Bangalore Urban District Bangalore-562 123.
2. Smt. Rajamma D/o. Late Sanjeevaiah Aged about 47 years Residing at Hullegowdanahalli Village Dasanapura Hobli Bangalore North Taluk Bangalore Urban District Bangalore-562 123. …Appellants (By Sri. A Keshava Bhat, Advocate) AND:
1. Smt. Venkatamma W/o late Gangabylaiah Aged about 76 years 2. Sri Nagaiah S/o Late Gangabylaiah Aged about 49 years 3. Sri Byalappa S/o Late Gangabylaiah Aged about 47 years 4. Sri Muniraju S/o Late Gangabylaiah Aged about 37 years 5. Smt. Bylamma W/o. Late Anjinappa Aged about 51 years 6. Sri Manjunatha S/o Late Anjinappa Aged about 26 years 7. Jailakshmamma D/o Late Anjinappa Aged about 40 years 8. Janakamma D/o Late Anjinappa Aged about 29 years 9. Sri Ramaiah S/o. Late Bylappa Aged about 50 years 10. Smt. Poojabylamma W/o Late Muniyappa Aged about 70 years 11. Smt. Lakshmamma W/o. Late Poojabyla Aged about 50 years 12. Sri Bylappa S/o. Late Muniyappa Aged about 51 years 13. Sri Krishnaiah S/o Late Muniyappa Aged about 45 years 14. Sri Bylahanumaiah S/o Late Hanumaiah Aged about 52 years 15. Smt. Poojamma W/o Late Poojabylaiah Aged about 60 years 16. Sri. Krishnamurthy S/o Late Poojabylaiah Aged about 40 years 17. Sri Janardhana S/o. Late Poojabylaiah Aged about 38 years 18. Sri Lokesh S/o.Late Poojabylaiah Aged about 37 years 19. Sri Chandrashekar S/o Late Poojabylaiah Aged about 36 years 20. Sri Murthy S/o. Late Poojabylaiah Aged about 35 years 21. Smt. Rathnamma D/o Late Poojabylamma Aged about 42 years 22. Pushpalatha D/o. Late Poojabylaiah Aged about 33 years 23. Gangabylaiah S/o Late poojabylaiah Aged about 37 years 24. Sri Poojagaiah S/o Late Chikkabylaiah Aged about 76 years 25. Smt. Poojabylamma W/o Yellappa Aged about 45 years 26. Sri Bylanjaneya S/o Late Yellappa Aged about 45 years 27. Smt. Marakka W/o Bylahanumaiah Aged about 60 years 28. Sri. Krishnamurthy S/o Late Bylahanumaiah Aged about 38 years 29. Sri Anasuyamma W/o Late Ramaiah Aged about 38 years 30. Master. Hareesh S/o Late Ramaiah Aged about 21 years 31. Kumari. Asha D/o Late Ramaiah Aged about 21 years Respondents are all residing at Hullegowdanahalli Village Dasanapura Hobli Bangalore North Taluk Bangalore Urban District Bangalore-562 123. …Respondents (By Sri M.S. Narayan, Advocate for R15 to R22 and R24 to R31, Notice served on R1 to R14 & R23.) ***** This Miscellaneous First Appeal is filed under Order 43 Rule 1(r) of CPC, against the order dated 18.04.2017 passed on I.A.No.1 in O.S.No.275/2016 on the file of the Senior Civil Judge, Nelamangala, rejecting I.A.No.1 filed under Order 39 Rule 1 & 2 read with Section 151 of CPC.
This appeal coming on for Admission this day, the Court made the following:
JUDGMENT Learned counsel for the appellant and respondents are absent. No representation.
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