Dismissed¶36

Smt. R. Sujatha v. Smt. Shivamma

Karnataka HC6 Mar 2025MFA/4992/2023

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; MFA No. 4992 of 2023; decided 06.03.2025 by Justice Hanchate Sanjeevkumar (single judge, oral judgment). Appeal under Order 43 Rule 1(r) CPC against order dated 09.03.2023 in R.A. No. 125/2021, II Additional District and Sessions Judge, Tumakuru. Dismissed as infructuous after counsel for respondent No.6 reported disposal of connected RA No. 57/2024 and RA No. 59/2024 on 01.08.2024. No merits adjudicated; no cases cited; no monetary quantum.

What did the court decide?

The appeal does not survive for consideration and is dismissed as having become infructuous, following the disposal of connected RA No. 57/2024 and RA No. 59/2024 on 01.08.2024. ¶36

Smt. R. Sujatha Vs Smt. Shivamma — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC:9534 MFA No. 4992 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

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MISCELLANEOUS FIRST APPEAL NO. 4992 OF 2023 (CPC)

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BETWEEN:

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SMT. R. SUJATHA W/O G.D. SHIVASHANKARAPPA, D/O LATE RANGASWAMY, AGED 55 YEARS, R/AT DOOR NO.F-83, POLICE QUARTERS, BAR LINE ROAD, TUMKUR.

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SRI. R. RAVEESH, S/O LATE RANGASWAMY, AGED 53 YEARS,

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SRI. R. KUMARASWAMY, S/O LATE RANGASWAMY, AGED 50 YEARS.

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APPELLANTS 2 AND 3 ARE RESIDENTS OF BASAVANA PALYA, SIRAGATE, TUMKUR.

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Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA

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(BY SRI. M.B. CHANDRA CHOODA, ADVOCATE)

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…APPELLANTS

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AND:

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SMT. SHIVAMMA W/O LATE ANJINAPPA, AGED 75 YEARS.

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SRI. ASHOK KUMAR, S/O LATE ANJINAPPA, AGED 51 YEARS.

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SRI. SHIVARAJU, S/O LATE ANJINAPPA, AGED 49 YEARS.

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2 - NC: 2025:KHC:9534 MFA No. 4992 of 2023

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SRI. RAMESH, S/O LATE ANJINAPPA, AGED 44 YEARS,

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SMT. JAYAMMA W/O SHIVANNA AGED 75 YEARS,

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RESPONDENTS 1 TO 5 ARE R/O MELEKOTE , GANGADSANDRA ROAD, TUMKUR - 572 105.

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SMT. SHANTHA DURGADEVI, W/O DR. M.R. HULINAYAKAR, AGED: MAJOR, R/O SHIVADEEPTHI NILAYA, S.S. PURAM MAIN ROAD, BEHIND D.C.C. BANK, TUMKUR - 572 101.

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SRI. MALLIKARJUNAIAH, S/O LATE NINGAPPA, AGED: MAJOR, ADVOCATE, R/AT 7^TH A CROSS, BEHIND VIVEKANANDA SCHOOL, VIDYANAGAR, TUMKUR - 572 103

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…RESPONDENTS

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(R1 IS SEND AND UNREPRESENTED.

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SRI. KUMARSWAMY D., ADVOCATE FOR R5. SRI. K.R. LINGARAJU, ADVOCATE FOR R6.)

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THIS MFA IS FILED UNDER ORDER 43 RULE 1(R) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 09.03.2023 PASSED ON R.A.NO. 125/2021 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU.

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THIS MFA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

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