Karnataka High Court
Mr D Wilson vs Smt Mangalam on 10 September, 2014
Author: Aravind Kumar
Bench: Aravind Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 10TH DAY OF SEPTEMBER, 2014
BEFORE
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
MISCELLANEOUS FIRST APPEAL NO.3526/2014 (CPC)
BETWEEN:
1. MR. D. WILSON
AGED ABOUT 60 YEARS
S/O LATE A. DAS
NO.42, 19TH CROSS
LAKSHMIPURAM
ULSOOR, BENGALURU-08.
2. SMT. GLORY @ AROKYAMARY
AGED ABOUT 51 YEARS
D/O LATE A.DAS
W/O MR. R. SELVARAJ
NO.60, 5TH CROSS,
NEAR ANTHONY SCHOOL
RAMAMURTHY NAGARA
BENGALURU-16. ... APPELLANTS
(BY SRI.S.B. LAKSHMI, ADVOCATE)
AND:
1. SMT. MANGALAM
AGED ABOUT 80 YEARS
W/O LATE AROKIYADAS
NO.7, 3RD CROSS,
GOUTHAMPURAM 1ST STAGE
ULSOOR, BENGALURU-08.
2. SMT. ROSSILA
AGED ABOUT 62 YEARS
D/O LATE AROKIYADAS
W/O LATE MR. ALVIN VICTOR
NO.1, SARIKA NILAYA
8TH CROSS, KALKERE MAIN ROAD
NEAR MOUNT CARAMEL SCHOOL
RAMAMURTHY NAGAR
2
BENGALURU-16.
3. SMT. NALINA
AGED ABOUT 58 YEARS
D/O MANGALAM AND MR. AROKIYADAS
W/O LATE MR. MAGIMAIDASS
NO.2/3, ARTILLERY ROAD
1ST MAIN, BENGALURU-08.
4. SMT. N. SABEENA
AGED ABOUT 50 YEARS
W/O LATE NICHOLAS
5. SMT. PRIYA
AGED ABOUT 30 YEARS
D/O LATE NICHOLAS
DEFENDANTS 4 AND 5 ARE R/AT
NO.340/1, 5TH MAIN ROAD
8TH CROSS, VINAYAKA NAGARA
ANNASANDRA PALYA
HAL POST, BENGALURU-17.
6. SMT. SATHYABHAMA
AGED ABOUT 51 YEARS
D/O LATE AROKIYADAS
W/O LATE MR. RAJSHEKAR
7. MR. DENNISON
AGED ABOUT 26 YEARS
S/O LATE RAJASHEKAR
8. MS. SANIA,
AGED ABOUT 24 YEARS
D/O LATE RAJASHEKAR
RESPONDENTS 6 TO 8 ARE R/AT
NO. 63, 1ST FLOOR, 1ST MAIN,
2ND STAGE, NEAR PELE STATUE,
GOUTHAMPURAM
BENGALURU-08.
9. SMT. A. SARALA
AGED ABOUT 48 YEARS
D/O LATE AROKIYADAS
W/O MR. CHINNARAJ
NO.2/3, ARTILLERY ROAD
1ST MAIN, BENGALURU-08.
3
10. MR.D.AROKIYASWAMY RAVI
AGED ABOUT 40 YEARS
S/O LATE AROKIYADAS
NO.7, 3RD CROSS,
GOUTHAMPURAM 1ST STAGE
ULSOOR,
BENGALURU-08. ... RESPONDENTS
THIS APPEAL IS FILED UNDER ORDER 43 RULE 1(r)
OF CPC, PRAYING AGAINST THE ORDER DATED
29.04.2014 PASSED IN I.A.NO.III IN O.S.NO.7186/2013 ON
THE FILE OF THE XV ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BANGALORE, REJECTING I.A.III
UNDER ORDER 39 RULE 1,2 R/W SECTION 151 OF CPC.
THIS APPEAL COMING ON FOR ADMISSION THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned Advocate appearing for appellants after arguing the matter for some time seeks permission of the Court to withdraw the appeal. Memo is filed to the said effect. Said memo is placed on record.
Accordingly, appeal is dismissed as withdrawn. However, it is made clear that appellants would not be entitled to revive this appeal on any ground whatsoever.
Sd/-
JUDGE *sp