IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR MISCELLANEOUS FIRST APPEAL No.2172 OF 2017 (CPC) BETWEEN:
S.Nagaraji, S/o. Late Swaminathan, Present aged about 68 years, R/o. No.680, 9th ‘A’ Cross, II Stage, West of Chord Road, Mahalakshmipuram, Bengaluru-560086.
(By Sri. Shanmukhappa, Advocate) AND:
1. Imthiyaz S/o. Late Abdul Nazeer Aged about 51 years, 2. Shahataj, D/o. Late Abdul Nazeer, Aged about 48 years, 3. Shahanaz, D/o. Late Abdul Nazeer, Aged about 46 years, 4. Moula S/o. Late Abdul Nazeer, Aged about 44 years, …Appellant 5. Asmath, S/o. Late Abdul Nazeer, Aged about 42 years, 6. Saleem, S/o. Late Abdul Nazeer, Aged about 40 years, R1 to R6 are R/at Renukanagar, Nelamangala, Bengaluru Rural District.
7. Md. Habib, S/o. Late Abdul Farim Aged about 75 years, 8. Mehrunnisa, W/o. Late Md. Fakruddin, Aged about 65 years, 9. Md. Moula, S/o. Late Md. Fakruddin, Aged about 44 years, 10. Md. Fayaz, S/o. Late Md. Fakruddin, Aged about 37 years, 11. Md. Nayaz, S/o. Late Md. Fakruddin, Aged about 32 years, 12. Md. Navab, S/o. Late Md. Fakruddin, Aged about 26 years, 13. Md. Mustafa, S/o. Late Md. Fakruddin, Aged about 44 years, 14. Md. Mirza, S/o. Late Abdul Karim Aged about 53 years, 15. Md. Mirza S/o. Late Abdul Karim Aged about 53 years, 16. Md. Amirjan, S/o. Late Abdul Karim, Aged about 51 years, R7 to R16 are R/at Islampura, Kanegowdanahalli Dakle, Kasaba Hobli, Nelamangala Taluk, Bengaluru Rural District-560081.
17. Smt. Sabirabi, W/o. Abdul Ghani, Aged about 72 years, 18. Mohammed, S/o. Abdul Ghani, Aged about 52 years, 19. Amanulla, S/o. Abdul Ghani, Aged about 42 years, 20. Mrs. Gouhar Jan, S/o. Abdul Ghani, Aged about 42 years, 21. Mrs. Shaheem Taj, S/o. Abdul Ghani, Aged about 40 years, 22. Mrs. Nasroon Taj, S/o. Abdul Ghani, Aged about 36 years, 23. Mrs. Kuthejabi, S/o. Abdul Ghani, Aged about 33 years, 24. Mrs. Zabi Ulla, S/o. Abdul Ghani, Aged about 31 years, R17 to R24 are R/at Islampura Village, Kasaba Hobli, Nelamangala Taluk, Bengaluru Rural District-560081.
25. Sri. Gangadhara Nehak, S/o. Sri. Bijiri Nehak, Aged about 72 years, R/o. ‘Vishara’ No.341, 6th ‘B’ Main, 15th ‘B’ Cross Road, Mahalakshmipuram, Bengaluru-560086.
(By Sri. S.N.Ashwathanarayan, Advocate For R4, R6, R7, R11, R12 & R16;
R1, R2, R5, R9, R14 & R15 - served) ... Respondents This MFA is filed under Order 43 Rule 1(r) of CPC against the Order dated 21.01.2017 passed on I.A.No.8 in O.S.No.367/2009 on the file of the Senior Civil Judge, Nelamangala, allowing I.A.No.8 filed under Order 39 Rules 1 & 2 read with Section 151 of CPC.
This MFA coming on for orders this day, the Court made the following:
ORDER The appellant’s counsel has filed a memo stating that in view of disposal of O.S.No.367/2009, this appeal has become infructuous. Memo is placed on record. Appeal is accordingly dismissed.
SD/- JUDGE KMV/-