Karnataka High Court
Shri Dhananjay Joshi vs Shri Sreenivas @ Seenappa on 1 February, 2022
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 01st DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE ASHOK.S.KINAGI
M.F.A. NO.3427 OF 2020 (CPC)
BETWEEN:
SHRI. DHANANJAY JOSHI
SON OF LATE DR. V.P. JOSHI,
AGED ABOUT 51 YEARS,
RESIDING AT 'SHRADDHA', NO.84,
5TH CROSS, 2ND MAIN, ROYAL ENCLAVE
LAYOUT, 1ST PHASE, SRIRAMPURA,
JAKKUR POST,
BANGALORE- 560 064.
... APPELLANT
(By SRI. DHANANJAY JOSHI, PARTY-IN-PERSON)
AND:
1. SHRI. SREENIVAS @ SEENAPPA
SON OF LATE PILLAPPA,
AGED ABOUT 56 YEARS.
2. SHRI GOVINDAPPA
SON OF LATE PILLAPPA,
AGED ABOUT 55 YEARS.
3. SHRI JAGADISH S.G
SON OF GOVINDAPPA
AGED ABOUT 32 YEARS.
4. SMT. HONAMMA
WIFE OF LATE CHANDRAPPA
AGED ABOUT 54 YEARS.
2
5. SHRI HARI PRAKASH
SON OF LATE CHANDRAPPA
AGED ABOUT 35 YEARS.
6. SMT. MANJULA DEVI
DAUGHER OF LATE CHANDRAPPA
WIFE OF NAGABHUSHAN
AGED ABOUT 32 YEARS.
7. SHRI CHANNE GOWDA
SON OF LATE PILLAPPA
AGED ABOUT 53 YEARS.
8. SHRI RAVI KIRAN
SON OF CHANNE GOWDA
AGED ABOUT 23 YEARS.
9. SHRI KEMPANNA
SON OF LATE PILLAPPA
AGED ABOUT 67 YEARS.
10. SHRI SATISH.K
SON OF KEMPANNA
AGED ABOUT 41 YEARS.
11. SHRI MURALIDHAR,
SON OF KEMPANNA
AGED ABOUT 41 YEARS.
12. SHRI NARAYANAPPA,
SON OF LATE PILLAPPA
AGED ABOUT 65 YEARS.
13. SHRI YUVARAJ
SON OF NARAYANAPPA
AGED ABOUT 37 YEARS.
NOS. 1 TO 13 ALL RESIDING AT
SRIRAMPURA VILLAGE,
YELAHANKA HOBLI,
BANGALORE NORTH TALUK,
BANGALORE RURAL DISTRICT.
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14. MR. LEE YAO KHIAT,
SON OF LATE FU YUNG
AGED ABOUT 73 YEARS.
15. MR. LEE YAO KIAN
SON OF LATE FU YUNG,
AGED ABOUT 70 YEARS.
16. MR. LEE YAO SIEN
SON OF LATE FU YUNG,
AGED ABOUT 63 YEARS,
NOS. 14 TO 16 RESIDING AT
C/O. M/S. WING SUNG TANNERY,
104D-3, MATHESHWARTALA ROAD,
POST OFFICE GOBINDA KHATIK,
POLICE STATION PRAGATI MAIDAN,
KOLKATA- 700 046.
17. MRS. VIDYAVATHI G.B
WIFE OF MR. MALLANNA BIRADAR,
AGED ABOUT 34 YEARS,
RESIDING AT NO.25 APEKSHA NILAYA,
1ST FLOOR, 2ND CROSS TELECOM LAYOUT,
VEERUPAKSHPURA, SHREE RAM SHREYAS
APARTMENT ROAD, VIDYARANYAPURA POST,
BANGALORE- 560097.
18. MRS. SANGEETHA.S
WIFE OF MR. GANESH RAJ.N
AGED ABOUT 34 YEARS,
RESIDING AT NO.014, GROUND FLOOR,
SANJANA BRINDAVAN APARTMENT,
KPCL LAYOUT ROAD,
KASAVANAHALLI, SARJAPUR MAIN ROAD,
BANGALORE- 560 034
19. MRS. NEELAMMA B.BIRADAR
WIFE OF MR. B.S.BIRADAR,
AGED ABOUT 41 YEARS,
RESIDING AT NO.40, SRI SHARANA
VEERESHWAR NILAYA, 3RD CROSS
TELECOM LAYOUT, VEERUPAKSHPURA,
4
VIDYARANYAPURA POST,
BANGALORE- 560 097.
20. MRS. SWETHA GANUGA SUNDARA RAJU
WIFE OF MR. SATISH NAGARATHNAM,
AGED ABOUT 32 YEARS,
RESIDING AT SHRI.CHANNARAYA
SWAMY NILAYAM,
NO.24, 1ST CROSS, LAL BAHADUR NAGAR,
B.CHANNSANDRA, KASTURI NAGAR,
BANGALORE- 560 043.
21. MR. RAVINDRA M.JAPUR
IA U/S 151 OF CPC, 1908
22. MR. MALLANNA BIRADAR
SON OF LATE MR.SIDRAMAPPA BIRADAR,
AGED ABOUT 41 YEARS,
RESIDING AT NO.25,
APEKSHA NILAYA, 1ST FLOOR, 2ND CROSS
TELECOM LAYOUT, VIEERUPAKSHPURA,
SHREE RAM SHREYAS APARTMENT ROAD,
VIDYARANYAPURA POST,
BANGALORE- 560 097.
23. MR. VIJAKUMAR N.L
SON OF LINGAPPA,
AGED ABOUT 41 YEARS,
RESIDING AT NO.55,
3RD CROSS, 1ST PHASE,
ROYAL ENCLAVE, SRIRAMPURA,
BANGALORE - 560 054.
24. MR. LAXMAN SADASHIV NAIK
SON OF MR.SADASHIV S.NAIK
AGED ABOUT 40 YEARS,
RESIDING AT NO.153/A, 2ND FLOOR,
5TH MAIN ROAD, 4TH BLOCK,
BEHIND SPANDANA HOSPITAL,
RAJAJINAGAR, BANGALORE- 560 010.
5
25. MR. PALANIVELU RAJU.N
SON OF MR. NATESAN.R
AGED ABOUT 35 YEARS,
RESIDING AT NO. 1-14-18C,
27A3, MATHALI COLONY, BHAVANI
MAIN ROAD, SANKARI,
SALEM (D.T), TAMIL NADU-637 301.
26. MR. ASHOK VIJAYAKAR,
SON OF HANAMANTAPPA BASAPPA VIJAYAKAR
AGED ABOUT 41 YEARS,
RESIDING AT NO.112, 3RD FLOOR, D BLOCK,
DEFENCE LAYOUT, SAHAKARANAGAR,
BANGALORE - 560 092.
27. MR. SHARANABASAPPA NARASANAGI
SON OF IRANNA NARASANAGI,
AGED ABOUT 45 YEARS,
RESIDING AT BALAWAT TALUQ,
MUDDEBIHAL DISTRICT,
VIJAYAPURA,
GUDIHAL-586116.
28. MR. VIJAYKUMAR BASAVANAGOWDA GURADDI
SON OF BASAVANA GOWDA GURADDI,
AGED ABOUT 35 YEARS.
RESIDING AT FLAT NO.103, SRI NIDHI
BLISS APARTMENT, 2ND MAIN,
SILVER CLOUD LAYOUT,
KALKERE ROAD, HORAMAVU,
BANGALORE- 560 043.
29. MR. SURESH NAGARATHNAM
SON OF V.NAGARATHNAM,
AGED ABOUT 40 YEARS,
RESIDING AT NO.403/19, 17TH A MAIN
13TH CROSS, VENKATESHWARA LAYOUT,
BTM 1ST STAGE, BANGALORE- 560 068.
30. MR. JAGADEESH L.PATIL
SON OF LAXMANGOUDA B.PATIL
AGED ABOUT 40 YEARS,
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RESIDING AT FLAT NO.201
MB1, SURYANAGAR KHB COLONY,
CHANDAPUR, BANGALORE- 560 099
31. MR. K.ARUNBHARATHI
SON OF KUMARASWAMY
AGED ABOUT 29 YEARS,
RESIDING AT 55/4, RAJAPURAMPUTHUR,
KANAKKANPATTI POST, DINDIGUL,
TAMIL NADU- 624613.
... RESPONDENTS
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r)
OF CPC, 1908 PRAYING TO SET ASIDE THE ORDER
DATED 28.1.2020 PASSED IN MISC. PETITION
NO.25101/2019 ON THE FILE OF THE 28TH
ADDITIONAL CITY CIVIL JUDGE (CCH 29) MAYO HALL
UNIT, BENGALURU CITY.
THIS MFA COMING ON FOR 'ORDERS' THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Party-in-person seeks leave of this Court for withdrawal of the appeal.
2. The submission is placed on record.
The appeal is dismissed as withdrawn.
Sd/-
JUDGE ssb