IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.8662 OF 2013 (CPC) C/W M.F.A.NO.8663 OF 2013 (CPC) IN M.F.A. NO.8662 OF 2013 BETWEEN:
SMT.SHAKUNTHALAMMA, WIFE OF G.M.MUNISWAMY, AGED ABOUT 66 YEARS, RESIDING AT NO.5, 3RD CROSS, KANNAMMA TEMPLE ROAD, HAYNES ROAD, BENGALURU – 560051. …APPELLANT (BY SRI.GOWTHAMDEV C ULLAL, AND L.HARISH KUMAR, ADVOCATES - ABSENT) AND:
1. SMT.KALAMMA W/O LATE MALLAPPA, AGED ABOUT 70 YEARS.
2. SMT LAKKAMMA, W/O MUNIKENCHAPPA, AGED ABOUT 37 YEARS.
3. SMT NAGARATHNAMMA W/O MUNIKENCHAPPA, AGED ABOUT 45 YEARS.
4. SMT LAKSHMAMMA W/O VENKATESH AGED ABOUT 43 YEARS.
5. SRI MUNIHUCHAPPA, S/O MALLAPPA, AGED ABOUT 30 YEARS.
6. SMT SARITHA, W/O SHEKAR, AGED ABOUT 27 YEARS.
7. SRI KRISHNAPPA, S/O MALLAPPA, AGED ABOUT 53 YEARS, 8. SRI MUNINARAYANAPPA, S/O MALLAPPA, AGED ABOUT 48 YEARS.
9. SRI RAJA, S/O MALLAPPA, AGED ABOUT 32 YEARS.
ALL ARE RESIDING AT NO.201, A.K. COLONY, KACHARAKANAHALLI, ST THOMAS TOWN POST, BENGALURU-560 084 10.SRI N A SHUAIB AHMED, S/O N A SALEEM AHMED, AGED ABOUT 31 YEARS, RESIDING AT NO.27/1,"B" NO. 18TH STREET,CHANDINI CHOWK ROAD CROSS, SHIVAJINAGAR, BANGALORE-560 051.
11.K MOHAN KUMAR, S/O LATE V KESHAVALU NAIDU, RESIDING AT NO.67, 12TH CROSS, GANGANNA LAYOUT, ASHOKNAGAR, BENGALURU-560 050.
12. SMT HAJIRA TABASSUM, W/O MR SYED SANAULLA, AGED ABOUT 33 YEARS, R/T NO.5/5,5TH CROSS, RAMA TENT ROAD, KADUGONDANA HALLI, A.C POST, BENGALURU-560 045 13.SRI SYED YOUSUF BAREED, S/O MR SYED AMEER BAREED, AGED ABOUT 46 YEARS, R/AT NO.9, 1ST CROSS, 1ST MAIN ROAD, SRI SAI LAYOUT, CAUVERY NAGAR, VADDARA PALYA, BENGALURU-560 043. ...RESPONDENTS (BY SRI.RAMESH KUMAR, ADVOCATE FOR R12-ABSENT) **** THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) READ WITH SECTION 146 OF CPC AGAINST THE ORDER DATED 22.08.2013 PASSED ON THE APPLICATION IN O.S.NO.25347/2011 ON THE FILE OF THE XXVIII ADDITIONAL CITY CIVIL JUDGE, MAYO HALL UNIT, BANGALORE, REJECTING THE APPLICATION FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC.
IN M.F.A. NO.8663 OF 2013 BETWEEN:
SMT.SHAKUNTHALAMMA, WIFE OF G.M.MUNISWAMY, AGED ABOUT 66 YEARS, RESIDING AT NO.5, 3RD CROSS, KANNAMMA TEMPLE ROAD, HAYNES ROAD, BENGALURU – 560051. …APPELLANT (BY SRI.GOWTHAMDEV C ULLAL, AND L.HARISH KUMAR, ADVOCATES - ABSENT) AND:
1. SMT.KALAMMA W/O LATE MALLAPPA, AGED ABOUT 70 YEARS.
2. SMT LAKKAMMA, W/O MUNIKENCHAPPA, AGED ABOUT 37 YEARS.
3. SMT NAGARATHNAMMA W/O MUNIKENCHAPPA, AGED ABOUT 45 YEARS.
4. SMT LAKSHMAMMA W/O VENKATESH AGED ABOUT 43 YEARS.
5. SRI MUNIHUCHAPPA, S/O MALLAPPA, AGED ABOUT 30 YEARS.
6. SMT SARITHA, W/O SHEKAR, AGED ABOUT 27 YEARS.
7. SRI KRISHNAPPA, S/O MALLAPPA, AGED ABOUT 53 YEARS, 8. SRI MUNINARAYANAPPA, S/O MALLAPPA, AGED ABOUT 48 YEARS.
9. SRI RAJA, S/O MALLAPPA, AGED ABOUT 32 YEARS.
ALL ARE RESIDING AT NO.201 A.K. COLONY, KACHARAKANAHALLI, ST THOMAS TOWN POST, BENGALURU-560 084 10.SRI N A SHUAIB AHMED, S/O N A SALEEM AHMED, AGED ABOUT 31 YEARS, RESIDING AT NO.27/1,"B" NO. 18TH STREET,CHANDINI CHOWK ROAD CROSS, SHIVAJINAGAR, BENGALURU-560 051.
11.K MOHAN KUMAR, S/O LATE V KESHAVALU NAIDU, RESIDING AT NO.67,12TH CROSS, GANGANNA LAYOUT, ASHOKNAGAR, BENGALURU-560 050.
12. SMT HAJIRA TABASSUM, W/O MR SYED SANAULLA, AGED ABOUT 33 YEARS, R/T NO.5/5,5TH CROSS, RAMA TENT ROAD, KADUGONDANA HALLI, A.C POST, BENGALURU-560 045 13.SRI SYED YOUSUF BAREED, S/O MR SYED AMEER BAREED, AGED ABOUT 46 YEARS, R/AT NO.9, 1ST CROSS, 1ST MAIN ROAD, SRI SAI LAYOUT, CAUVERY NAGAR, VADDARA PALYA, BENGALURU - 560 043. ...RESPONDENTS (BY SRI.RAMESH KUMAR, ADVOCATE FOR R13-ABSENT) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) READ WITH SECTION 146 OF CPC AGAINST THE ORDER DATED 22.08.2013 PASSED ON THE APPLICATION IN O.S.NO.25347/2011 ON THE FILE OF THE XXVIII ADDITIONAL CITY CIVIL JUDGE, MAYO HALL UNIT, BANGALORE, REJECTING THE APPLICATION FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Counsel for the appellant is absent. No representation.
2. In pursuance of the direction given on 13.02.2019, the Assistant Registrar, City Civil Court, Mayohall Unit, Bangalore, has submitted a report dated 19.02.2019 along with order passed in O.S. No.25347/2011 wherein it is submitted that the suit of the plaintiff is decreed as per the order dated 01.04.2016. The present appeals were preferred against the impugned order dated 22.8.2013 passed on IA filed under Order 39 Rule 1 and 2 CPC. In view of disposal of the original suit, both the appeals do not survive for consideration.
3. Hence these appeals are dismissed as the same have become infrcutuous.
Sd/- JUDGE ykl