M Jayappa vs a G Siddappa

M Jayappa vs A G Siddappa

Type Court Judgment Court Karnataka Decided Nov 04, 2024

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https://sooperkanoon.com/case/1919241

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Citation: sooperkanoon.com/1919241
Court: Karnataka High Court
Judge: H.P.Sandesh
Decided On: Nov 04, 2024
Case Number: MFA/4175/2023

Parties & Advocates

Appellant / Petitioner

M Jayappa

Respondent

A G Siddappa

Excerpt

.....shimoga taluk - 577 201.12. k.r. pradeep, s/o late k.s. rajappa @ k.s. basavarajappa, aged about 26 years, r/o mattodu village, abblagere post, shimoga taluk - 577 201.13. smt. eramma, w/o merala kondaiah, aged about 65 years, household, r/o kashipura, -5- camp /post, channagiri taluk - 577 213.14. g.r. chitrashekarappa, s/o late rudrappa, aged about 70 years, agriculturist, santhebennur hobli, …respondents (by sri. ashwin s. halady, gpa golder;smt. dhanalakshmi y, advocate for r1; sri. r.v. jayaprakash, advocate for r2; sri. chakravarthy t.s, advocate for r6 and r7; r3 to r5, r8, r12 and r13 are served and unrepresented) this mfa is filed u/o 43 rule 1(r) r/w section 151 of cpc, against the order dated 29.05.2023 passed on i.a.no.1 in os.no.14/2019 on the file of the senior civil judge and jmfc, channagiri, rejecting the i.a.no.1 filed under order 39 rule 1 and 2 r/w section 151 of cpc. this appeal, coming on for orders, this day,judgment was delivered therein as under:coram: hon'ble mr justice h.p.sandesh -6-oral judgmentlearned counsel for respondent no.1 has filed a memo for dismissal of the appeal and learned counsel for the appellant also submits that already the suit was withdrawn and hence, the appeal become infructuous. accordingly, the appeal is dismissed as having become infructuous. sd/- (h.p.sandesh) judge ka list no.: 1 sl no.: 12 ct: bhk

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF NOVEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH MISCELLANEOUS FIRST APPEAL NO. 4175 OF 2023 (CPC) BETWEEN: M. JAYAPPA, S/O LATE SANNA CHANNABASAPPA, AGED ABOUT 84 YEARS, SANTHEBENNUR HOBLI, HIREKOGLUR POST, CHANNAGIRI TALUK, DAVANAGERE DISTRICT, REPRESENTED BY HIS GPA HOLDER NAGARAJ M.J, S/O M. JAYAPPA, AGED ABOUT 48 YEARS, AGRICULTURIST AND INDUSTRIALIST, R/O ALUR VILLAGE, SANTEBENNUR HOBLI, HIREKOGLUR POST, CHANNAGIRI TALUK, DAVANAGERE DISTRICT - 577 213. …APPELLANT Digitally signed (BY SRI. M. JAYAPPA, PARTY IN PERSON) by DEVIKA M Location: HIGH AND: COURT OF KARNATAKA
1. A.G. SIDDAPPA, S/O LATE PATEL RUDRAPPA, AGED ABOUT 76 YEARS, CHANANGIRI TALUK, -2-
2. M.C. RUDRAPPA, S/O LATE CHANNABASAPPA, AGED ABOUT 68 YEARS, RETD. TEACHER AND AGRICULTURIST,
3. SMT. KAVITHA, S/O LATE K.S. SIDDARAMAPPA,
4. KUM. BHUMIKA,
D/O LATE K.S. HALESHAPPA AND SMT. KAVITHA, AGED ABOUT 7 YEARS, MINOR REPRESENTED BY HER N.F./ NATURAL GUARDIAN/ MOTHER SMT. KAVITHA, S/O LATE K.S. SIDARAMAPPA, SANTEBENNUR HOBLI, HIREKOGLUR POST,
5. KUM. RAKSHITHA, D/O HALESHAPPA AND SMT. KAVITHA, -3- AGED ABOUT 4 YEARS, MINOR, REPRESENTED BY HER N.F./ NATURAL GUARDIAN/ MOTHER SMT. KAVITHA, S/O LATE K.S. SIDARAMAPPA, SANTEBENNUR HOBLI, HIREKOGLUR POST,
6. SMT. BASAVALINGAMMA, W/O LATE K.S. PARAMESHWARAPPA, AGED ABOUT 62 YEARS, HOUSEHOLD, R/O ALUR VILLAGE,
7. K.S. MURUGENDRAPPA, S/O LATE K.S. PARAMESHWARAPPA, AGED ABOUT 42 YEARS, AGRICULTURIST, HIREKOGLUR POST, CHANNAGIRI TALUK, DAVANAGERE DISTRICT - 577 213.
8. K.S. CHANDRAPPA, S/O LATE SIDDAPPA, AGED ABOUT 65 YEARS, AGRICULTURIST, R/O ALUR VILLAGE -4-
9. SMT. BATHI KENCHAMMA, W/O LATE K.S. RAJAPPA @ BASAVARAJAPPA, AGED ABOUT 58 YEARS, HOUSEHOLD, R/O MAKANURU VILLAGE/POST, RANIBENNUR TALUK - 581 110, HAVERI DISTRICT.
10. SMT. MANGALA,
W/O SIDDAPPA, D/O LATE K.S. RAJAPPA @ K.S. BASAVARAJAPPA AND SMT. BATI KENCHAMMA, AGED ABOUT 23 YEARS, HOUSEHOLD, R/O SOMANAHALLI VILLAGE HIREKERUR TALUK, HAVERI DISTRICT - 581 110.
11. SMT. NEELAMMA, W/O LATE K.S. RAJAPPA @ K.S. BASAVARAJAPPA, AGED ABOUT 54 YEARS, HOUSEHOLD, R/O MATTODU VILLAGE, ABBLAGERE POST, SHIMOGA TALUK - 577 201.
12. K.R. PRADEEP, S/O LATE K.S. RAJAPPA @ K.S. BASAVARAJAPPA, AGED ABOUT 26 YEARS, R/O MATTODU VILLAGE, ABBLAGERE POST, SHIMOGA TALUK - 577 201.
13. SMT. ERAMMA, W/O MERALA KONDAIAH, AGED ABOUT 65 YEARS, HOUSEHOLD, R/O KASHIPURA, -5- CAMP /POST, CHANNAGIRI TALUK - 577 213.
14. G.R. CHITRASHEKARAPPA, S/O LATE RUDRAPPA, AGED ABOUT 70 YEARS, AGRICULTURIST, SANTHEBENNUR HOBLI, …RESPONDENTS (BY SRI. ASHWIN S. HALADY, GPA GOLDER;
SMT. DHANALAKSHMI Y, ADVOCATE FOR R1; SRI. R.V. JAYAPRAKASH, ADVOCATE FOR R2; SRI. CHAKRAVARTHY T.S, ADVOCATE FOR R6 AND R7; R3 TO R5, R8, R12 AND R13 ARE SERVED AND UNREPRESENTED) THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 29.05.2023 PASSED ON I.A.NO.1 IN OS.NO.14/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, CHANNAGIRI, REJECTING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE H.P.SANDESH -6-

ORAL JUDGMENT

Learned counsel for respondent No.1 has filed a memo for dismissal of the appeal and learned counsel for the appellant also submits that already the suit was withdrawn and hence, the appeal become infructuous. Accordingly, the appeal is dismissed as having become infructuous. Sd/- (H.P.SANDESH) JUDGE KA List No.: 1 Sl No.: 12 CT: BHK

Same Court & Year Karnataka · 2024 Same Parties M Jayappa vs A G Siddappa Same Judge H.P.Sandesh