Karnataka High Court
Venkatesh vs C.Ramachandraiah on 12 December, 2023
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2023:KHC:45107
MFA No. 1295 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 1295 OF 2020 (CPC)
BETWEEN:
1. VENKATESH
S/O VENKATARAMANAPPA,
AGED ABOUT 41 YEARS,
2. VENKATALAKSHMI
D/O VENKATARAMANAPPA,
AGED ABOUT 43 YEARS,
3. MUNIRAJ,
S/O VENKATARAMANAPPA,
AGED ABOUT 38 YEARS,
4. GOPAL
S/O VENKATARAMANAPPA,
Digitally signed AGED ABOUT 36 YEARS,
by
DHANALAKSHMI 5. VIJAY KUMAR V
MURTHY
Location: High S/O VENKATARAMANAPPA,
Court of AGED ABOUT 35 YEARS,
Karnataka
6. PADMAVATHI
D/O VENKATARAMANAPPA,
AGED ABOUT 33 YEARS,
7. MAHESH
S/O VENKATARAMANAPPA,
AGED ABOUT 36 YEARS,
8. RAVI
S/O VENKATARAMANAPPA,
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MFA No. 1295 of 2020
AGED ABOUT 31 YEARS,
9. SRINIVAS
S/O VENKATARAMANAPPA,
AGED ABOUT 27 YEARS,
10. AMRUTHA
D/O VENKATARAMANAPPA,
AGED ABOUT 25 YEARS,
11. RAMESH
S/O KARIVENKATAPPA
AGED ABOUT 29 YEARS,
12. RAMESH
S/O MUNISWAMAPPA,
AGED ABOUT 29 YEARS,
13. DEVARAJ
S/O MUNIVENKATAPPA,
AGED ABOUT 25 YEARS,
ALL ARE RESIDING AT
NAGAWARA VILLAGE,
KASABA HOBLI,
BANGALORE NORTH TALUK-560045
...APPELLANTS
(BY SRI YOGATH U.KOTEMATH, ADV. FOR SRI
VIRUPAKSHAIAH P H., ADVOCATE)
AND:
1. C.RAMACHANDRAIAH
S/O LATE NARASIMHAIAH
@ NARASAIAH,
AGED ABOUT 71 YEARS,
R/A NO.282, 83 AND 84,
2ND CROSS, TELECOM LAYOUT,
ASHWATH NAGAR, THANISANDRA,
BANGALORE-560043
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MFA No. 1295 of 2020
2. RAGHAVENDRA
S/O LATE M KRISHNAPPA,
AGED ABOUT 42 YEARS,
3. VENKATARAMANAPPA
S/O MULIVAGALAPPA,
AGED ABOUT 60 YEARS,
4. VENKATESH
S/O VENKATARAMANAPPA,
AGED ABOUT 25 YEARS,
5. SRINIVAS
S/O GORAPPA,
AGED ABOUT 35 YEARS,
6. BHASKAR
S/O PILLAVENKATAPPA,
AGED ABOUT 23 YEARS,
7. VENKATESH
S/O DEKAPPA,
AGED ABOUT 36 YEARS
8. MUNIYAPPA
S/O DEKAPPA,
AGED ABOUT 36 YEARS,
9. CHIKKAMUNIYAPPA
S/O DEKAPPA,
AGED ABOUT 42 YEARS,
RESPONDENT NOS.2 TO 9 ARE
R/O NAGAWARA VILLAGE,
KASABA HOBLI,
BANGALORE NORTH TALUK-560045
...RESPONDENTS
(BY SMT M.D. ANURADHA URS, ADV. FOR R1)
***
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NC: 2023:KHC:45107
MFA No. 1295 of 2020
MFA FILED U/O. 43 RULE 1(r) OF CPC, AGAINST THE
ORDER DATED 11.12.2019 PASSED ON IA.NO.1, IN O.S.
NO.8763/2018 ON THE FILE OF THE XXXI ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE (CCH-14), CONCURRENT CHARGE
OF XVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU CITY (CCH-12), ALLOWING IA.NO.1 FILED UNDER
ORDER 39, RULE 1 AND 2 READ WITH SECTION 151 OF CPC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for appellants submits that subsequent to the order passed by the trial Court on 11.12.2019, appellants have sold the property to the third parties. Hence, this appeal does not survive for consideration.
2. Submission of the learned counsel for appellants is taken on record.
3. Accordingly, the above appeal is disposed of.
All pending applications are disposed of.
Sd/-
JUDGE VK List No.: 1 Sl No.: 51