IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 22ND DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE H.P.SANDESH REGULAR FIRST APPEAL NO.1761 OF 2018 BETWEEN:
SMT. SANGEETHA DAUGHTER OF LATE G.S. RANGANATH WIFE OF LATE SATHYANARAYANA AGED ABOUT 50 YEARS NO.755, 8TH MAIN ROAD 9TH BLOCK, NAGARABHAVI 2ND STAGE BENGALURU-560 072.
(BY SRI: K.G. SADASHIVAIAH, ADVOCATE) AND:
1. SRI DR. G.S. SURYA PRAKASH SON OF K.S.G. SASTRY AGED ABOUT 77 YEARS NO.2113, 3RD MAIN ROAD VIJAYANAGARA, 2ND STAGE BENGALURU-560 040.
... APPELLANT 2. SMT. RAJANI SEETHARAM WIFE OF SEETHARAM (LATE) AGED ABOUT 57 YEARS RESIDING AT NO.73, 4TH MAIN BINNY LAYOUT (NEAR GOOD WILL APARTMENTS) BENGALURU-560 040.
3. SRI G.S. SATHYANARAYANA SON OF K.S.G. SASTRY AGED ABOUT 70 YEARS NO.28, 2ND MAIN ROAD HARIRAM ALIDAS LAYOUT AMAR JYOTHI LAYOUT (NEAR SHOBHA HOSPITAL) BENGALURU-560 040.
4. SMT. MEENAKSHI DAUGHTER OF K.S.G. SASTRY WIFE OF DR. GOKULDAS PAI AGED ABOUT 56 YEARS C/O NO.28, 2ND MAINROAD HARI RAM ALIDAS LAYOUT AMAR JYOTHI LAYOUT (NEAR SHOBHA HOSPITAL) BENGALURU-560 040 AND ALSO RESIDING AT NO.3342, WOLFCREEK CT SIMI VALLEY, CALIFORNIA-93063 U.S.A.
... RESPONDENTS (BY SRI:C.VINAY SWAMY, ADVOCATE FOR R1 TO R4) THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER XLI RULE 1 READ WITH SECTION 96 OF CPC., AGAINST THE ORDER DATED 01.09.2018 PASSED ON IA.NO.2 IN OS.NO.779 OF 2016 ON THE FILE OF THE SENIOR CIVIL JUDE AND JMFC., DEVANAHALLI, ALLOWING THE IA.NO.2 FILED UNDER ORDER 7 RULE 11(A) TO (D) READ WITH SECTION 151 OF CPC., REJECTION OF PLAINT.
***** THIS REGULAR FIRST APPEAL COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH, J., DELIVERED THE FOLLOWING:
JUDGMENT In view of the memo filed in the Court today, the appeal is dismissed as withdrawn, with such liberty as is available in law.
Sd/- Sd/-
JUDGE JUDGE *bgn/-