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Karnataka High Court

Smt Ramakka vs Nanjappa on 16 September, 2019

                               1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 16TH DAY OF SEPTEMBER, 2019

                             BEFORE

 THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR

MISCELLANEOUS FIRST APPEAL No.5322 OF 2012 (CPC)

BETWEEN:

1.    Smt. Ramakka,
      W/o. Sri. Nanjappa,
      Aged about 55 years,

2.    Smt. Chinnamma,
      W/o. Sri. Srinivas,
      Aged about 38 years,

3.    Srinivas,
      S/o. Sri. Nanjappa
      Aged about 36 years,

4.    Sri. Lakshmikath
      S/o. Sri. Nanjappa,
      Aged about 34 years,

5.    Smt. Dhanalakshmi,
      W/o. Sri. Krishnamurthy,
      Aged about 32 years,

6.    Ravikumar,
      S/o. Sri Nanjappa,
      Aged about 30 years,

      All are R/at
      M/s. Lakshmikanth Nursery
      Garden, No.17, 4th Cross,
                                 2


     Maruthi Nagar, Madivala
     Bengaluru-560068.
                                          ...Appellants
(By Sri. P.L.Naresh Kumar, Advocate for
    Sri. G.Manivannan, Advocate)

AND:

1.   Nanjappa
     S/o. Late Krishnamurthy,
     Aged about 60 years,
     R/at No.85/1-B
     M/s. Lakshmikanth Nursery
     Garden, 4th Cross,
     Maruthi Nagar, Madivala
     Bengaluru-560068.

2.   Smt. Shakunthala,
     Father's Name not known,
     Aged about 53 years,
     R/at No.85/1-B
     M/s. Lakshmikanth Nursery
     Garden, 4th Cross,
     Maruthi Nagar, Madivala
     Bengaluru-560068.

3.   Benard D'souza
     S/o. Late Lawrence D'souza
     Aged about 57 years,

4.   Smt. B.P.Prera,
     W/o. Benard D'souza
     Aged about 55 years,

     3 & 4 are residing at No.22
     4th Cross, Maruthi Nagar,
     Madivala, Bengaluru-560068.

5.   Smt. A.Y.Madhu,
     W/o. Late Sri. Ravindra,
                               3


     Aged about 46 years,
     R/at Neralur Village,
     Attibele Hobli, Anekal Taluk,
     Bengaluru District.

6.   Kum. N.Sudha,
     D/o. Nanjappa,
     Aged about 27 years,
     R/at No.85/1-B
     M/s. Lakshmikanth Nursery
     Garden, 4th Cross,
     Maruthi Nagar, Madivala,
     Bengaluru-560068.
                                            ... Respondents
(Sri. K.H.Ramu, Advocate for R1 & R2,
  Vide order dated 17.7.2019
  Service i.r.o. R3 to R6 H/s.)

      This MFA is filed under Order XLIII Rule 1(c) of the
CPC., against the order dated 02.01.2012 passed by the I
Additional City Civil & Sessions Judge, Bengaluru City in
Mis.No.451 of 2009 and etc.

      This MFA coming on for orders this day, the Court
made the following:
                          ORDER

The office has raised an objection with regard to maintainability of this appeal. The impugned order shows that it was an order passed on an application under Order IX Rule 4 CPC. This order is not appealable. Appellant's 4 counsel prays for time. This appeal is pending since the year 2012. No ground to adjourn. Appeal is dismissed.

Sd/-

JUDGE KMV/-