IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21st DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL NO.6428/2018 (CPC) BETWEEN:
1. SRI ANJANAPPA, S/O MUNISHMAPPA, AGED ABOUT 73 YEARS, R/AT CHIKKAKOLIGA VILLAGE, SULIBELE HOBLI, BEGUR POST, HOSKOTE TALUK, BENGALURU RURAL DISTRICT, PIN: 562 122.
2. SMT.JAYAMMA, W/O GUMMANNA, AGED ABOUT 68 YEARS, R/AT CHIKKAKOLIGA VILLAGE, SULIBELE HOBLI, BEGUR POST, HOSKOTE TALUK, BENGALURU RURAL DISTRICT, PIN: 562 122.
3. SRI.RAMANJANAPPA S/O GUMMANNA, AGED ABOUT 48 YEARS, R/AT CHIKKAKOLIGA VILLAGE, SULIBELE HOBLI, BEGUR POST, HOSKOTE TALUK, BENGALURU RURAL DISTRICT, PIN: 562 122.
4. SRI MURTHY S/O OF GUMMANNA, AGED ABOUT 45 YEARS, R/AT CHIKKAKOLIGA VILLAGE, SULIBELE HOBLI, BEGUR POST, HOSKOTE TALUK, BENGALURU RURAL DISTRICT, PIN: 562 122.
5. SMT.SHAILAJA D/O OF GUMMANNA, AGED ABOUT 42 YEARS, R/AT CHIKKAKOLIGA VILLAGE, SULIBELE HOBLI, BEGUR POST, HOSKOTE TALUK, BENGALURU RURAL DISTRICT, PIN: 562 122.
6. SRI ANANDA KUMAR S/O OF GUMMANNA, AGED ABOUT 38 YEARS, R/AT CHIKKAKOLIGA VILLAGE, SULIBELE HOBLI, BEGUR POST, HOSKOTE TALUK, BENGALURU RURAL DISTRICT, PIN: 562 122.
7. SMT.MANJULA, D/O OF GUMMANNA, AGED ABOUT 35 YEARS, R/AT CHIKKAKOLIGA VILLAGE, SULIBELE HOBLI, BEGUR POST, HOSKOTE TALUK, BENGALURU RURAL DISTRICT, PIN: 562 122.
8. SMT.KRISHNAMMA, W/O CHANDRAPPA, AGED ABOUT 68 YEARS, R/AT CHIKKAKOLIGA VILLAGE, SULIBELE HOBLI, BEGUR POST, HOSKOTE TALUK, BENGALURU RURAL DISTRICT, PIN:562 122.
9. SMT.NAGAVENI, D/O CHANDRAPPA, AGED ABOUT 43 YEARS, R/AT CHIKKAKOLIGA VILLAGE, SULIBELE HOBLI, BEGUR POST, HOSKOTE TALUK, BENGALURU RURAL DISTRICT, PIN: 562 122.
10.SMT.RATHNAMMA, D/O CHANDRAPPA, AGED ABOUT 38 YEARS, R/AT CHIKKAKOLIGA VILLAGE, SULIBELE HOBLI, BEGUR POST, HOSKOTE TALUK, BENGALURU RURAL DISTRICT, PIN: 562 122.
11.SRI MUNIRAJU, S/O MUNISHAMAPPA, AGED ABOUT 58 YEARS, R/AT CHIKKAKOLIGA VILLAGE, SULIBELE HOBLI, BEGUR POST, HOSKOTE TALUK, BENGALURU RURAL DISTRICT, PIN: 562 122.
12.SRI MUNINARAYANASWAMY S/O MUNISHAMAPPA, AGED ABOUT 53 YEARS, R/AT CHIKKAKOLIGA VILLAGE, SULIBELE HOBLI, BEGUR POST, HOSKOTE TALUK, BENGALURU RURAL DISTRICT, PIN: 562 122.
13.SMT.SAKRAMMA, D/O MUNISHAMAPPA, AGED ABOUT 50 YEARS, R/AT CHIKKAKOLIGA VILLAGE, SULIBELE HOBLI, BEGUR POST, HOSKOTE TALUK, BENGALURU RURAL DISTRICT, PIN: 562 122.
14.SMT.BHAGYAMMA, D/O MUNISHAMAPPA, AGED ABOUT 48 YEARS, R/AT CHIKKAKOLIGA VILLAGE, SULIBELE HOBLI, BEGUR POST, HOSKOTE TALUK, BENGALURU RURAL DISTRICT, PIN: 562 122. …APPELLANTS (BY SRI.P.M.SIDDAMALLAPPA, ADVOCATE) AND:
SRI.KRISHNAPPA, S/O NARAYANAPPA, AGED ABOUT 63 YEARS, RESIDING AT CHIKKAKOLIGA VILLAGE, SULIBELE HOBLI, BEGUR POST, HOSKOTE TALUK, BENGALURU RURAL DISTRICT, PIN:562 122. ...RESPONDENT (BY SRI.V.F.KUMBAR, ADVOCATE) **** THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF THE CODE OF CIVIL PROCEDURE AGAINST THE ORDER DATED 28.07.2018 PASSED ON IA NO.1 IN O.S.NO.683/2015 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING IA NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the respondent has filed a memo along with a copy of the order passed in W.P. No.36764/2018 dated 13.12.2018, with a prayer to dispose of the M.F.A. in terms of the order passed by this Hon’ble Court in W.P. No.36764/2018.
2. In W.P. No.36764/2018, there is a direction to the respondents – revenue authorities to enter the details of the suit, O.S. No.683/2015 in the revenue records and the I Addl. Senior Civil Judge, Bengaluru Rural District, Bengaluru, is also directed to expedite the consideration and disposal of the suit in O.S. No.683/2015 within an outer limit of six months from the date of receipt of the order.
3. Both learned counsels submitted that order may be passed in terms of the directions issued by the learned Single Judge in W.P. No.36764/2018.
4. Considering the submission of both learned counsels, memo is taken on record. Accordingly, I pass the following:
ORDER M.F.A. No.6428/2018 is disposed of in terms of the order dated 13.12.2018 passed in W.P. No.36764/2018.
Sd/- JUDGE SJ