IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR MISCELLANEOUS FIRST APPEAL No.8583 OF 2017(CPC) BETWEEN Smt. Muniyamma, D/o. Thoti Muttappa, Since deceased, by her LRs, (a) Smt. Bayyamma, W/o. Venkatappa.
Since deceased by her LRs, (a)(i) Venkatesh, S/o. Muddugala Venkatappa, And Late Bayyamma, Aged about 54 years, R/o. Hasigala Village, Sulibele Hobli, Hoskote Taluk, Bengaluru Rural District-562114.
(a)(ii) Smt.Akkamma, D/o. Muddugala Venkatappa, And Late Bayyamma, Aged about 51 years. R/o. Hasigala Village, Sulibele Hobli, Hoskote Taluk, Bengaluru Rural District-562114.
(a)(iii) H.V.Rajanna, S/o. Muddugala Venkatappa, And Late Bayyamma, Aged about 49 years, R/o. Hasigala Village, Sulibele Hobli, Hoskote Taluk, Bengaluru Rural District-562114.
(b) Smt. Chikkatayamma, W/o. Motappa, Since deceased, by her LRs, (b)(i) Anjinappa, S/o. Chikkathayamma and Motappa, Aged about 56 years, R/o. Mittenahalli Village, Venkatapura Post, Jangamakote Hobli, Shidlaghatta Taluk, Chikkaballapura District-562102.
(b)(ii) Smt. Thippamma, W/o. Late Muniyappa, D/o. Late Chikkathayamma and Motappa, Since deceased, by her L.R.
Smt. Munirathnamma, D/o. Late Muniyappa, Aged about 30 years, R/o. Chikkanahalli Village, Nandi Hobli-562101, Chikkkaballapura Taluk & Dist.
(b)(iii) Narayanappa, S/o. Late Chikkathayamma and Motappa, Aged about 52 years, R/o. Mittenahalli Village-562102, Venkatapura Post, Jangamakote Hobli, Shidlaghatta Taluk, Chikkaballapura District.
(b)(iv) Motappa, S/o. Late Chikkathayamma and Motappa, Aged about 49 years, R/o. Mittenahalli Village-562102, Venkatapura Post, Jangamakote Hobli, Shidlaghatta Taluk, Chikkaballapura District.
(b)(v) Giddappa, S/o. Late Chikkathayamma and Motappa, Aged about 47 years, R/o. Mittenahalli Village-562102, Venkatapura Post, Jangamakote Hobli, Shidlaghatta Taluk, Chikkaballapura District.
(b)(vi) Smt. Nagamma W/o. Muniyappa, D/o. Late Chikkathayamma and Motappa, Aged about 45 years, R/o. Mittenahalli Village-562102, Venkatapura Post, Jangamakote Hobli, Shidlaghatta Taluk, Chikkaballapura District.
(b)(vii)Muniraju, S/o. Late Chikkathayamma and Motappa, Aged about 43 years, R/o. Mittenahalli Village-562102, Venkatapura Post, Jangamakote Hobli, Shidlaghatta Taluk, Chikkaballapura District.
(b)(viii)Smt. Subbamma W?o. Ravichandra, D/o. Late Chikkathayamma and Motappa, Aged about 41 years, R/o. Gangapura Village-562122, Nandagudi Hobli, Hoskote Taluk, Bengaluru Rural District.
(c) Smt. Thotamma, W/o. Sombappa, Since deceased by her LRs (c)(i) Smt. S.Sarojamma, D/o. Late Thotamma, Aged about 43 years, R/o. Shettyhalli Village-562110, Vijayapura Hobli, Devanahalli Taluk, Bengaluru Rural District.
(By Sri. K.Varaprasad , Advocate) AND 1. Munivenkategowda @ M.Venkategowda, S/o. Late Munibyregowda, Aged about 66 years, R/o. Doddagattiganabbe Village, Kasaba Hobli-562114, Hoskote Taluk.
2. Sri. Jayaram, S/o. Late Munibyregowda, Aged about 74 years, R/o. Doddagattiganabbe Village, Kasaba Hobli-562114, …Appellants 3. Smt. Chikkamma, W/o. Ramakrishnappa, D/o. Late Thoti Muttappa, Aged about 59 years, R/o. Sulikunte Village, Varthur Hobli-562125, Bengaluru South Taluk.
…Respondents This MFA is filed under Order XLIII Rule 1(d) of the CPC, praying to set aside the order dated 18.07.2017 passed by the learned Additional Civil Judge & JMFC, Hoskote, in Miscellaneous Petition No.3/2006 on arising out of O.S.No.66/1993, and consequently allow the said Miscellaneous Petition.
This MFA coming on for orders, this day, the Court made the following :
O R D E R The appellants’ counsel has filed a memo stating that the appellant be permitted to withdraw this appeal with liberty to file another appeal before the jurisdictional court. Memo is placed on record. Giving liberty to file another appeal before the appropriate court, appeal is dismissed as withdrawn.
SD/- JUDGE sd