IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL NO.440 OF 2018 (CPC) BETWEEN:
1. SMT P LAVANYA D/O LATE K PRABHAKARA W/O SHIVAKUMAR AGED ABOUT 37 YEARS R/AT NO. 19/11, MUNIBYRAPPA BLOCK OPP. RAMESHWARA TEMPLE NAGAWARA VILLAGE BENGALURU NORTH TALUK BENGALURU - 560 045.
2. SMT. P VANI D/O LATE K PRABHAKARA AGED ABOUT 35 YEARS R/AT 987, 2ND MAIN ROAD NEW CHENNAKESHAVA TEMPLE VARTHUR VILLAGE BENGALURU EAST TALUK BENGALURU - 560 087. …APPELLANTS (BY SRI.S. SHAKER SHETTY, ADVOCATE) AND:
1. SMT K KOMALA W/O LATE K PRABHAKARA AGED ABOUT 64 YEARS R/AT VARTHUR VILLAGE BENGALURU EAST TALUK BENGALURU - 560 087.
2. SMT. AMMAYAMMA W/O LATE GADI CHINNAPPA AGED ABOUT 67 YEARS 3. SMT. GOWRAMMA D/O LATE GADI CHINNAPPA & AMMAYAMMA AGED ABOUT 42 YEARS 4. SRI. SRI RAM S/O LATE GADI CHINNAPPA & AMMAYAMMA AGED ABOUT 40 YEARS 5. SRI SRINIVASA S/O LATE GADI CHINNAPPA & AMMAYAMMA AGED ABOUT 38 YEARS 6. SRI MANJUNATH S/O LATE GADI CHINNAPPA & AMMAYAMMA AGED ABOUT 36 YEARS 7. SMT. KANAKA D/O LATE GADI CHINNAPPA & AMMAYAMMA AGED ABOUT 34 YEARS 8. SRI RAJU S/O LATE GADI CHINNAPPA & AMMAYAMMA AGED ABOUT 32 YEARS 9. SRI SHEKAR S/O LATE GADI CHINNAPPA & AMMAYAMMA AGED ABOUT 30 YEARS RESPONDENT NOS. 2 TO 9 ARE R/AT AMBEDKAR COLONY OLD THIPPASANDRA ROAD BEHIND VARTHUR POLICE STATION VARTHUR VILLAGE, BENGALURU EAST TQ BENGALURU - 560 087.
10. SRI MUNIYAPPA S/O LATE MUNINANJAPPA AGED ABOUT 71 YEARS 11. SRI NAGARAJU S/O MUNIYAPPA & YELLAMMA AGED ABOUT 46 YEARS 12. SRI KRISHNA S/O MUNIYAPPA & YELLAMMA, AGED ABOUT 42 YEARS 13. SMT. PADMA D/O MUNIYAPPA & YELLAMMA AGED ABOUT 38 YEARS 14. SMT. LAKSHMI W/O VENKATESH D/O MUNIYAPPA & YELLAMMA AGED ABOUT 38 YEARS RESPONDENT NOS. 10 TO 14 ARE R/AT AMBEDKAR COLONY OLD THIPPASANDRA ROAD BEHIND VARTHUR POLICE STATION VARTHUR VILLAGE, BENGALURU EAST TQ BENGALURU - 560 087.
15. M/S CMRS COURTYARD REPTD. BY ITS AUTHORIZED SIGNATORY SRI CHENNAM RANGASWAMY NO. 268, OPP TO KIDZZE SCHOOL AECS LAYOUT MAIN ROAD, A BLOCK BENGALURU - 560 087. …RESPONDENTS **** THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER XLIII RULE 1(R) OF THE CPC, AGAINST THE ORDER DATED 13.12.2017 PASSED ON I.A.NO.3 IN O.S.NO. 1507/2016 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU ALLOWING I.A.NO.3 FILED UNDER ORDER 39 RULE 4 OF CPC.
THIS APPEAL COMING ON FOR ADMISSION 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