IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER 2019 BEFORE THE HON’BLE MRS JUSTICE K.S.MUDAGAL M.F.A.NO.2229/2017 C/W M.F.A.NO.5095/2017 C/W M.F.A.NO.5096/2017 IN M.F.A.NO.2229/2017 BETWEEN 1 . SRI HANUMAIAH S/O LATE MUNIGANGAIAH AGED ABOUT 71 YEARS 2 . SRI. CHOWDAPPA S/O HANUMAIAH AGED ABOUT 49 YEARS 3 . SRI MUNIRAJU S/O LATE K. MUNIYAPPA AGED ABOUT 39 YEARS 4 . SRI. GANGARAJU S/O LATE K. MUNIYAPPA AGED ABOUT 33 YEARS 5 . SMT. MANGALAMMA D/O LATE K. MUNIYAPPA AGED ABOUT 42 YEARS ALL ARE R/AT KODIPALYA VILLAGE DASANAPURA POST DASANAPURA HOBLI BENGALURU NORTH TALUK - 562 162 ...APPELLANTS (BY SRI VARAPRASAD K. ADV.) AND:
1 . SRI M.N. GANESH S/O LATE NARASIMHAIAH AGED ABOUT 66 YEARS R/O KODIPALYA VILLAGE DASANAPURA POST - 562 162 DASANAPURA HOBLI BENGLAURU NORTH TALUK.
2 . SRI SIDDAPPA S/O HANUMAIAH AGED ABOUT 47 YEARS 3 . SMT. JAYAMMA W/O LATE LAKSHMANA AGED ABOUT 40 YEARS 4 . KUM. DEEPIKA D/O LATE LAKSHMANA AGED ABOUT 22 YEARS 5 . SRI PUNEETH KUMAR S/O LATE LAKSHMANA AGED ABOUT 20 YEARS R2 TO R5 ARE R/O KODIPALYA VILLAGE DASANAPURA POST - 562 162 DASANAPURA HOBLI BENGALURU NORTH TALUK … RESPONDENTS (BY SRI SREENIDHI V., ADV. FOR R1) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC PRAYING TO SET ASIDE THE ORDER DATED 01.02.2017 PASSED ON I.A.NO.1 TO 3 IN O.S.NO.1/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE, NELAMANGALA.
IN M.F.A.NO.5095/2017 BETWEEN 1 . SRI HANUMAIAH S/O LATE MUNIGANGAIAH AGED ABOUT 71 YEARS 2 . SRI. CHOWDAPPA S/O HANUMAIAH AGED ABOUT 49 YEARS 3 . SRIL MUNIRAJU S/O LATE K. MUNIYAPPA AGED ABOUT 39 YEARS 4 . SRI. GANGARAJU S/O LATE K. MUNIYAPPA AGED ABOUT 33 YEARS 5 . SMT. MANGALAMMA D/O LATE K. MUNIYAPPA AGED ABOUT 42 YEARS ALL ARE R/O KODIPALYA VILLAGE DASANAPURA POST DASANAPURA HOBLI BENGALURU NORTH TALUK - 562 162 ...APPELLANTS (BY SRI VARAPRASAD K. ADV.) AND:
1 . SRI M.N.GANESH S/O LATE NARASIMHAIAH AGED ABOUT 66 YEARS R/O KODIPALYA VILLAGE DASANAPURA POST - 562 162 DASANAPURA HOBLI BENGLAURU NORTH TALUK 2 . SRI SIDDAPPA S/O HANUMAIAH AGED ABOUT 47 YEARS 3 . SMT. JAYAMMA W/O LATE LAKSHMANA AGED ABOUT 40 YEARS 4 . KUM. DEEPIKA D/O LATE LAKSHMANA AGED ABOUT 22 YEARS 5 . SRI PUNEETH KUMAR S/O LATE LAKSHMANA AGED ABOUT 20 YEARS R2 TO R5 ARE R/O KODIPALYA VILLAGE DASANAPURA POST - 562 162 DASANAPURA HOBLI BENGALURU NORTH TALUK … RESPONDENTS (BY SRI SREENIDHI V., ADV. FOR R1; R2-R5 ARE SERVED) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC PRAYING TO SET ASIDE THE ORDER DATED 01.02.2017 PASSED ON I.A.NO.2 IN O.S.NO.1/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE, NELAMANGALA.
IN M.F.A.NO.5096/2017 BETWEEN 1 . SRI HANUMAIAH S/O LATE MUNIGANGAIAH AGED ABOUT 71 YEARS 2 . SRI. CHOWDAPPA S/O HANUMAIAH AGED ABOUT 49 YEARS 3 . SRI MUNIRAJU S/O LATE K. MUNIYAPPA AGED ABOUT 39 YEARS 4 . SRI. GANGARAJU S/O LATE K. MUNIYAPPA AGED ABOUT 33 YEARS 5 . SMT. MANGALAMMA D/O LATE K. MUNIYAPPA AGED ABOUT 42 YEARS ALL ARE R/O KODIPALYA VILLAGE DASANAPURA POST, DASANAPURA HOBLI BENGALURU NORTH TALUK - 562 162 ...APPELLANTS (BY SRI VARAPRASAD K. ADV.) AND:
1 . SRI M.N. GANESH S/O LATE NARASIMHAIAH AGED ABOUT 66 YEARS R/O KODIPALYA VILLAGE DASANAPURA POST - 562 162 DASANAPURA HOBLI BENGLAURU NORTH TALUK 2 . SRI SIDDAPPA S/O HANUMAIAH AGED ABOUT 47 YEARS 3 . SMT. JAYAMMA W/O LATE LAKSHMANA AGED ABOUT 40 YEARS 4 . KUM. DEEPIKA D/O LATE LAKSHMANA AGED ABOUT 22 YEARS 5 . SRI PUNEETH KUMAR S/O LATE LAKSHMANA AGED ABOUT 20 YEARS RESPONDENTS NO.2 TO 5 ARE R/O KODIPALYA VILLAGE DASANAPURA POST - 562 162 DASANAPURA HOBLI BENGALURU NORTH TALUK … RESPONDENTS (R2-R5 ARE SERVED) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC PRAYING TO SET ASIDE THE ORDER DATED 01.02.2017 PASSED ON I.A.NO.3 IN O.S.NO.1/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AT NELAMANGALA.
THESE MFAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Learned counsel for the appellants files memo stating that the parties have settled the matter, therefore, the appeals have become infructuous.
2. Recording the memo, the appeals are disposed of accordingly.
3. In view of the disposal of the appeals, pending I.As stood disposed of.
Sd/- JUDGE KG