IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE ASHOK G.NIJAGANNAVAR M.F.A. NO.5720 OF 2015 (CPC) Between:
1. Sri Govindraj S/o Late Venkatappa, Aged about 50 years, No.757, Survey No.73, Next to Bhadramma’s House, Laggere Road, Peenya Village, Yeshwanthapura Hobli, Bangalore – 560 058.
2. Sri Lakshminarayana S/o Late Venkatappa, Aged about 48 Years, No.757, Survey No.73, Next to Bhadramma’s House, Laggere Road, Peenya Village, Yeshwanthapura Hobli, Bangalore – 560 058. ... Appellants (By Sri T.S.Venkatesh, Advocate) And:
1. Smt. Gangamma W/o Late Venkatappa, Aged about 70 years, No.757, Survey No.73, Next to Bhadramma’s House, Laggere Road, Peenya Village, Yeshwanthapura Hobli, Bangalore – 560 058.
2. Sri Munikalappa S/o late Venkatappa, Aged about 55 years, “Pushpagiri” Belvatha Village, RBI Post, Siddappaji Temple Mysore.
3. Sri Srinivasa S/o late Venkatappa, Aged about 55 years, No.757, Survey No.73, Next to Bhadramma’s House, Laggere Road, Peenya Village, Yeshwanthapura Hobli, Bangalore – 560 058.
Since dead represented by his LR’s 3(a). Smt. Prema W/o late Srinivas, Aged about 45 years, 3(b). Sri Girish S/o Late Srinivas, Aged about 25 years, 3(c). Sri Harish S/o Late Srinivas, Aged about 23 years, Respondent No.3(a-c) are R/at No.757, Survey No.73, Next to Bhadramma’s House, Laggere Road, Peenya Village, Yeshwanthapura Hobli, Bangalore – 560 058.
4. Sri. Krishnappa S/o Late Venkatappa, Aged about 54 years, No.74, Shivapura Colony, Peenya 2nd Stage, Bangalore – 560058 5. Smt. Nagarathna, D/o late Venkatappa, Aged about 45 years, No.757, Survey No.73, Next to Bhadramma’s House, Laggere Road, Peenya Village, Yeshwanthapura Hobli, Bangalore – 560 058. … Respondents (By Sri C.P.Dhananjaya, Adv. for R1, Sri Prasanna V.R and M.D.Kumar, Adv. for R2, Sri K.M.Gangadhar, Adv., for R1, R3(a-c), R4 & R5) This MFA is filed under Order 43 Rule 1(d) of CPC, against the order dated 19.12.2014 passed in C.Misc.No.1104/2010 on the file of the XV Additional City Civil & Sessions Judge at Bangalore City, Dismissing the petition filed U/S 263 of Indian Succession Act, R/w Order 9 Rule 13 of CPC.
This MFA coming on for Hearing this day, the court delivered the following:
JUDGMENT Learned counsel for the appellants has filed a memo submitting that the matter is settled out of Court, Hence, the appeal may be dismissed as not pressed.
2. Considering the submission of the learned counsel, memo is taken on record.
Accordingly, the appeal is dismissed as not pressed.
Sd/- JUDGE rv