IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR. JUSTICE H.G.RAMESH MISCELLANEOUS FIRST APPEAL NO.

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1 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29 TH DAY OF JANUARY 2016 BEFORE THE HON BLE MR. JUSTICE H.G.RAMESH MISCELLANEOUS FIRST APPEAL NO.7259/2015 (CPC) BETWEEN: SRI C.Y. NARAYANAPPA S/O LATE YELLAPPA REDDY AGED ABOUT 59 YEARS RESIDING AT BOMMANAHALLI VILLAGE BEGUR HOBLI, BANGALORE APPELLANT (BY SRI KRISHNOJI RAO N. FOR SRI B.PRAMOD, ADVOCATES) AND: 1. SRI CHANDRA REDDY S/O LATE RAMAIAH REDDY AGED ABOUT 52 YEARS RESIDING AT DODDANAGAMANGALA VILLAGE, BEGUR HOBLI 2. SRI SHAMANNA REDDY S/O LATE RAMAIAH REDDY AGED ABOUT 50 YEARS RESIDING AT MUNEKOLALU VILLAGE MARTHALLI POST, BANGALORE SRI SURESH S/O LATE MUNIRAJU REDDY AGED ABOUT 39 YEARS 4. SRI AMBRISH S/O LATE MUNIRAJU REDDY AGED ABOUT 35 YEARS

2 2 BOTH RESPONDENT NOS.3 AND 4 ARE 5. SMT. NANJAMMA D/O LATE MUNIREDDY AGED ABOUT 56 YEARS RESIDING AT NO 109, GAREBHAVI PLAYA BOMMANAHALLI POST BEGUR HOBLI, HOSUR MAIN ROAD NEAR ANJANEYA TEMPLE, BANGALORE SAROJAMMA W/O SRI CHINNAPPA REDDY AGED ABOUT 71 YEARS RESIDING AT NO 373/2 1 ST CROSS, BEHIND SANDY TOURING TAKIES, VENKATESHWARA LAYOUT MADIVALA, BANGALORE SMT. NAGARATHNAMMA W/O LATE VENKATASWAMY NAIDU AGED ABOUT 65 YEARS 8. SRI NARAYANA REDDY D/O LATE VENKATASWAMY NAIDU AGED ABOUT 47 YEARS 9. SMT. MANJULA D/O LATE ANJANA REDDY AGED ABOUT 36 YEARS RESPONDENT NOS. 7 TO 9 ARE RESIDING AT MUNEKOLALU VILLAGE MARTHALLI POST, BANGALORE SMT. NANDA D/O LATE ANJANA REDDY AGED ABOUT 34 YEARS

3 3 SRI NANJA REDDY S/O LATE THIMMA REDDY SINCE DECEASED HIS LRS 11. SMT. KANTHAMMA W/O LATE NANJA REDDY AGED ABOUT 55 YEARS RESIDING AT NO.520, 4 TH CROSS HOSA ROAD, OPP. MADHURA GARMENTS CHANNAKESHAVA NAGARA 12. SRI GOPALA REDDY S/O LATE THIMMA REDDY AGED ABOUT 66 YEARS RESIDING AT 5 TH CROSS MUNIREDDY LAYOUT KOTHANUR DINNE VILLAGE BANGALORE SRI ANANDA REDDY S/O LATE THIMMA REDDY AGED ABOUT 46 YEARS 14. SMT. SUNANDAMMA W/O LATE CHINNAPPA REDDY AGED ABOUT 63 YEARS 15. SMT. RADHAMMA W/O SRI SRINIVASA REDDY AGED ABOUT 61 YEARS RESIDING AT NOOSANUR VILLAGE JIGANI HOBLI, ANEKAL TALUK 16. SMT KOMALA W/O SRI KESHAVA REDDY AGED ABOUT 46 YEARS RESIDING AT NO 168/1

4 4 V CROSS, NEAR YALLAMMA TEMPLE, KOTHANUR, J P NAGAR VIII PHASE, BANGALORE SMT. SAVITHA REDDY W/O NARAYANA REDDY AGED ABOUT 42 YEARS RESIDING AT DODDAKANNALLI VILLAGE KARLERAM POST, SARJAPURA ROAD BANGALORE SRI ANAND KUMAR S/O KUPPUSWAMY NAIDU AGED ABOUT 62 YEARS RESIDING AT NO 193 UDANI LAYOUT,ULSOOR BANGALORE SRI RAJAREDDY D. C. S/O CHINNAPPA REDDY AGED ABOUT 46 YEARS 20. SRI HARSHA, S/O M RAMESH AGED ABOUT 19 YEARS RESIDING AT GUDURUPALLI VILLAGE MARIMAKKULA POST, PENUGONDA MANDAL ANDHRAPRADESH SRI JOSEPH K V S/O LATE VARKI AGED ABOUT 63 YEARS 22. SMT. MARIAM JOSEPH W/O K V JOSEPH AGED ABOUT 63 YEARS RESPONDENT NOs. 21 & 22 ARE RESIDING AT NO 802 TULASI THEATER ROAD MARATHALLI POST BANGALORE - 37

5 5 23. SMT. LAKSHMAMMA B.V. W/O LATE B G REDDY AGED ABOUT 76 YEARS RESIDING AT MAHADEVA BUILDING NAGANTHAPURA, BEGUR HOBLI 24. SMT. AMMAYAMMA W/O SRI MUNIREDDY AGED ABOUT 56 YEARS RESIDING AT MUNEKOLALU VILLAGE MARATHALLI POST, BANGALORE SRI CHANNKESHAVA S/O LATE H RAMAKRISHNAPPA AGED ABOUT 31 YEARS RESIDING AT JYOTHIPURA VILLAGE VIRGONAGAR POST, K R PURAM EAST BANGALORE B G PAPAREDDY S/O LATE GIDDAREDDY SINCE DECEASED HIS LRS 26. SMT. PADMA W/O NAGARAJAREDDY D/O LATE PAPANNA REDDY AGED ABOUT 50 YEARS RESIDING AT NEAR HANUMANTHAREDDY SHOP DODDANAGAMANGALA 27. SMT. VASANTHA W/O NARAYANAREDDY AGED ABOUT 46 YEARS RESIDING AT NEAR HANUMANTHA TEMPLE HOSUR MAIN ROAD, BEGUR HOBLI BANGALORE SMT. SHAKUNTHALA W/O RAJAREDDY D/O LATE PAPANNA REDDY AGED ABOUT 43 YEARS RESIDING AT HOODI VILLAGE WHITEFIELD POST, BANGALORE

6 6 29. SMT. BHAGYA W/O MANJUNATHAREDDY D/O LATE PAPANNA REDDY AGED ABOUT 41 YEARS RESIDING AT HAMBLIPURA VILLAGE OPP ICICI BANK, HARALUR MAIN ROAD BELLANDUR POST, VARTHUR HOBLI BANGALORE SMT. KANTHAMMA W/O KESHAVAREDDY D/O LATE PAPANNA REDDY AGED ABOUT 38 YEARS SHEKAR REDDY BUILIDNG BEHIND SOWPARNICA APARTMENT BASAPURA BEGUR HOBLI 31. SRI KODANDARAMAREDDY P S/O PAPA REDDY B.G AGED ABOUT 61 YEARS RESIDING AT NO 6 & 7, 3 RD CROSS B T M 2 ND STAGE, 1 ST PHASE BANGALORE SRI SRINIVASA REDDY S/O PAPA REDDY B.G AGED ABOUT 35 YEARS RESIDING AT NO 273/5 P R COMPLEX, VIRATANAGAR SHANKARNAG ROAD BOMMANAHALLI AT POST BEGUR HOBLI, BANGALORE SRI PRAKASH S/O SRI GURAPPA AGED ABOUT 56 YEARS RESIDING AT NO 15/5 4 TH CROSS, HOSUR MAIN ROAD MADIVALA, BANGALORE SMT. VEERAMMA W/O RAMAIAH REDDY AGED ABOUT 71 YEARS

7 7 RESIDING AT NO 42/1 GARVEBHAVI PALYA BEGUR HOBLI, BANGALORE SRI MADHAN MOHAN REDDY S/O NARAYANA REDDY AGED ABOUT 48 YEARS 36. SRI SAMPANGIRAMAIAH.K S/O LATE KENCHAPPA AGED ABOUT 55 YEARS RESIDING AT NO 140 SINGASANDRA VILLAGE BANGALORE SRI MANJUNATHA K S/O LATE KENCHAPPA AGED ABOUT 52 YEARS RESIDING AT NO 140 SINGASANDRA VILLAGE 38. SRI KAILASH CHAND.S S/O LATE SOHAN LAL AGED ABOUT 58 YEARS RESIDING AT NO 651, 4 TH B CROSS 9 TH D MAIN, R P C LAYOUT, VIJAYANAGAR BANGALORE KANKARAJ.K S/O C.P.KRISHNAREDDY AGED ABOUT 43 YEARS RESIDING AT NO 9, 80 FEET ROAD OPPOSITE POLICE STATION 8 TH BLOCK, KORAMANGALA, BANGALORE SMT. SHANTHAMMA D/O LATE SRINIVAS REDDY AGED ABOUT 59 YEARS RESIDING AT SINGASANDRA VILLAGE,

8 8 41. SRI KRISHNAMURTHY K M S/O K G MUNISWAMY AGED ABOUT 51 YEARS RESIDING AT NO 28, NEAR B B M P OFFICE KONAKUNTE, AMRUTHANAGAR MAIN ROAD UTTHARAHALLI HOBALI BANGALORE SOUTH TALUK 42. SRI VENKATASWAMY S/O LATE KAKAPPA AGED ABOUT 52 YEARS RESIDING AT RAYASANDRA VILLAGE HUSUKUR POST, SARJAPUR HOBLI, ANEKAL TALUK 43. SMT. SAKAMMA W/O LATE MUNIREDDY AGED ABOUT 74 YEARS 44. SRI MUNIRAJU S/O LATE MUNIREDDY AGED ABOUT 51 YEARS 45. SRI ASHOKA S/O LATE MUNIREDDY AGED ABOUT 49 YEARS 46. SRI RAMESH S/O MUNIREDDY AGED ABOUT 45 YEARS 47. SRI MANJUNATHA S/O LATE MUNIREDDY AGED ABOUT 40 YEARS 48. SRI HARISH S/O LATE MUNIREDDY AGED ABOUT 35 YEARS 49. SRI GOPAL REDDY S/O DODDAMUNISWAMY REDDY AGED ABOUT 71 YEARS 50. SMT. PRAMILAMMA W/O VENKATASWAMY REDDY MAJOR

9 9 RESPONDENT NOs. 43 TO 50 ARE 51. SMT. LAKSHMAMMA W/O LATE MUNISWMAY REDDY AGED ABOUT 47 YEARS RESIDING AT MUNEKOLALU VILLAGE MARTHALLI POST BANGALORE SRI RAJAPPA REDDY S/O LATE RAMPRASAD REDDY AGED ABOUT 49 YEARS 53. SRI SRIDHARAN P S/O LATE RAMPRASAD REDDY AGED ABOUT 45 YEARS RESPONDENT Nos.52 & 53 ARE RESIDING AT HOSAPALYA VILLAGE BOMMANAHALLI POST BAGUR HOBLI, BANGALORE SMT. GEETHA D/O NANJAREDDY AGED ABOUT 28 YEARS 55. SMT. DEEPA D/O NANJAREDDY AGED ABOUT 26 YEARS RESPONDENT NOs.54 & 55 ARE RESIDING AT CHANANKESHAVA NAGARA HOSA ROAD, 4 TH MAIN ROAD, 56. SMT. SHARADAMMA. R W/O L. GOPALREDDY AGED ABOUT 47 YEARS RESIDING AT KOTHANUR DINNE VILLAGE S O S POST, BANGALORE RESPONDENTS (NOTICE TO R-6 TO R-56 IS DISPENSED WITH V/O DTD )

10 10 THIS MFA IS FILED U/O 43, RULE 1(r) OF CPC, AGAINST THE ORDER DATED: PASSED IN O.S.NO.1944/2014 ON THE FILE OF THE 12 TH ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU (CCH-27), DIRECTING TO MAINTAIN STATUS QUO IN RESPECT OF SUIT SCHEDULE PROPERTY TILL FURTHER ORDERS, ACCORDINGLY IA NO.1 IS MERGED IN MAIN SUIT. THIS MFA COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING: H.G.RAMESH, J. (Oral): J U D G M E N T Learned counsel appearing for the appellant submits that this appeal does not survive for consideration. The appeal and I.A. No.1/2015 are accordingly disposed of as having become infructuous. Appeal disposed of. BNS Sd/- JUDGE

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