IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL NO.9119 OF 2017 (CPC) Between:
1. Smt. Nanjamma W/o. Late Narayanappa Aged about 80 years Residing at No.840 BEML Layout Main Road Opp. Balakrishna Ranga Mandira 3rd Stage, 60 Feet Road Rajarajeshwarinagar Bengaluru-560 098.
2. Sri. K. N. Venkatesha S/o. Late G. Narayanappa Aged about 52 years Residing at No.840 BEML Layout Main Road Opp. Balakrishna Ranga Mandira 3rd Stage,60 Feet Road Rajarajeshwarinagar Bengaluru-560 098.
3. Smt. Mohanakshi W/o. K. N. Venkatesha Aged about 47 years Residing at No.840 BEML Layout Main Road Opp. Balakrishna Ranga Mandira 3rd Stage,60 Feet Road Rajarajeshwarinagar Bengaluru-560 098. ... Appellants (By Sri. Satish.M.Doddamani, Advocate) And:
1. Sri. K. L. Pavan Kumar S/o. N. Lakshmaiah Aged about 24 years Residing at No.21 1st Main, 1st Cross Kenchenahalli Rajarajeshwari Nagar Bengaluru-560 098.
2. Sri. N. Ramakrishnappa S/o. Late. Narayanappa Aged about 59 years R/at (Narayana Compound) 1st Main Road Kenchenahalli Rajarajeshwari Nagar Bengaluru-560 098.
3. Sri. Lakshmaiah S/o. Late Narayanappa Aged about 57 years Residing at No.21 1st Main, 1st Cross Kenchenahalli Rajarajeshwari Nagar Bengaluru-560 098.
4. Sri. Praveen Kumar S/o. Lakshmaiah Aged about 21 years Residing at No.21 1st Main, 1st Cross Kenchenahalli Rajarajeshwari Nagar Bengaluru-560 098.
5. Smt. Manjula W/o. Nagaraj Aged about 42 years Residing at No.220 80 Feet Road, BEML Layout Rajarajeshwari Nagar, Bengaluru-560 098.
6. Sri. Hemanath S/o. Nagaraj Aged about 20 years Residing at No.220 80 Feet Road,BEML Layout Rajarajeshwari Nagar Bengaluru-560 098.
7. Sri. N. Ramaiah, S/o. Late G. Narayanappa Aged about 41 years Residing at No.840 BEML Layout Main Road Opp. Balakrishna Ranga Mandira 3rd Stage,60 Feet Road Rajarajeshwarinagar Bengaluru-560 098.
8. Sri. K. Magni Ram Jain S/o. Late Kesvimal Aged about 67 years Residing at No.382 2nd Floor, 19th Main Road 1st Block, Rajajinagar Bengaluru-560 010.
9. Smt. Varalakshmi W/o.M. Nagaraju Aged about 41 years Residing at No.54 Nagarabhavi,6th Main Road Byraveshwaranagara Bengaluru-560 072.
10. Sri. Ramaprasad Raju. C.N. S/o.C.R. Nagaraju Aged about 38 years Residing at No.66 SBI Officers Colony Basaveshwaranagara Bengaluru-560 079.
11. Smt. Narayanamma W/o. Late Puttappa Aged about 77 years Residing at 1st Main Kenchenahalli Village Rajarajeshwarinagar Bengaluru-560 098.
12. Sri. T. Dhananjaya Aged about 41 years S/o. Venkatapathy Naidu Residing at No.32 2nd Cross, KSRTC Layout Chikkakallasandra Bengaluru-560 061.
13. Sri. T. Vijay Aged about 38 years S/o. Venkatapathy Naidu Residing at No.32 2nd Cross,KSRTC Layout Chikkakallasandra Bengaluru-560 061.
14. Smt. M. Geetha, Aged about 43 years, W/o.M. Sudhakar, Residing at Old No.4, New No.65, 1st Cross, Udayanagara, Chikkakallasandra, Bengaluru-560 061.
15. Smt. T. Sujatha Aged about 36 years W/o. T. Dhananjaya Residing at No.32 2nd Cross, KSRTC Layout Chikkallasandra Bengaluru-560 061.
16. Smt. K. R. Bhargavi Aged about 41 years W/o. K. P. Ramdas Residing at No.418/31-2 18th Main, 4th "T" Block Jayanagar Bengaluru-560 041.
17. Morado Infrastructure Pvt. Ltd., Co-By Register under The Companies Act, 1956 Having its Registered Office at No.225 100 Feet Road, 2nd Block, 3rd Stage Banashankari, Bengaluru-560 085.
Represented by its Director Mr. M. K. Satyaprasad.
18. Smt. Rekha. S. Chandru W/o. S. Chandru Aged about 50 years Residing at No.1215 3rd Stage,BEML Layout Rajarajeshwarinagar Bengaluru-560 098. ... Respondents This MFA is filed U/o. 43 Rule 1(r) of CPC, against the Order dated: 15/09/2017, passed on IA.Nos.1 & 3, in O.S. No.3433/2016, on the file of the LXIX Additional City Civil and Sessions Judge, Bengaluru City (CCH-70), allowing the IA No.1 filed by plaintiff u/O.39 Rule 1 and 2 of CPC and dismissing the I.A.No.3 filed by defendant Nos.1,7 and 8, filed u/O.39 Rule 4 r/w. Sec.151 of CPC.
This appeal coming on for Orders this day, the Court delivered the following:
JUDGMENT Learned counsel for the appellants 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