Dismissed¶34

Sri.S.Somanna v. Sri.M.Krishnappa

Karnataka HC1 Jul 2025MFA/7718/2024

Case brief

AI extract

What is this about?

Withdrawal of Miscellaneous First Appeal; MFA 7718/2024; NC: 2025:KHC:23447; High Court of Karnataka at Bengaluru, 01-07-2025; Justice Ramachandra D. Huddar; Order 43 Rule 1(r) and Section 151 CPC, 1908; interim application under Order XXXIX Rules 1 and 2 CPC (I.A.No.1) rejected in O.S.No.827/2024 by XXVII Addl. City Civil and Sessions Judge CCH-9, Bengaluru; memo dated 18.03.2025; appeal dismissed as withdrawn with liberty to seek appropriate remedy in trial court; pending interlocutory applications disposed; no case law discussed.

What did the court decide?

Appeal dismissed as withdrawn pursuant to the appellant's memo dated 18.03.2025 (which sought liberty to seek appropriate remedy in the trial court); pending interlocutory applications disposed of. ¶34

Sri.S.Somanna Vs Sri.M.Krishnappa — Karnataka HC (2025) — LawSathi Research

¶1

¶2

NC: 2025:KHC:23447 MFA No. 7718 of 2024

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF JULY, 2025

¶5

BEFORE

¶6

THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO.7718 OF 2024 (CPC)

¶7

BETWEEN:

¶8

SRI. S. SOMANNA AGED ABOUT 59 YEARS S/O LATE B.M. SHAMANNA R/AT KUNTE NANJAPPA ROAD OF BELLARY ROAD BYATARAYANAPURA BENGALURU-560 092.

¶9

…APPELLANT

¶10

(BY SRI. VASANTH MADHAVA S., ADVOCATE)

¶11

AND:

¶12

SRI.M.KRISHNAPPA Digitally signed by SHAKAMBARI S/O MUNISHAMAPPA Location: High Court of Karnataka AGED ABOUT 78 YEARS

¶13

SRI. M. NANJAPPA S/O MUNISHAMAPPA AGED ABOUT 73 YEARS

¶14

SRI. B.M. NAGARAJ S/O N. MUNISHAMAPPA AGED ABOUT 71 YEARS

¶15

¶16

NC: 2025:KHC:23447 MFA No. 7718 of 2024

¶17

HC-KAR

¶18

SRI. B. M. SHANKARE GOWDA S/O N. MUNISHAMAPPA AGED ABOUT 68 YEARS

¶19

SRI. M. MUNE GOWDA S/O MUNISHAMAPPA AGED ABOUT 55 YEARS

¶20

RESPONDENT NOs.1 TO 5 ARE R/AT KUNTE NANJAPPA ROAD OF BELLARY ROAD BYATARAYANAPURA BENGALURU-560 092.

¶21

…RESPONDENTS

¶22

(BY SRI. PRAKASH T.HEBBAR, ADVOCATE FOR C/R1 TO R5)

¶23

THIS MFA FILED U/O 43 RULE 1(r) SECTION 151 OF CPC, 1908, AGAINST THE ORDER DATED 11.06.2024 PASSED ON I.A.NO.1 IN OS.NO.827/2024 ON THE FILE OF THE COURT OF THE XXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE CCH-9, BENGALURU, REJECTING THE IA.NO.1 FILED UNDER ORDER XXXIX RULES 1 AND 2 R/W SECTION 151 OF CPC.

¶24

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

¶25

CORAM: HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR

¶26

¶27

NC: 2025:KHC:23447 MFA No. 7718 of 2024

¶28

HC-KAR

¶29

ORAL JUDGMENT

¶30

Learned counsel for the appellant has filed a memo dated

¶31

18.03.2025 seeking withdrawal of the appeal, which reads as under:

¶32

"The Appellant herein prays that this Hon'ble Court may be pleased to dispose the appeal as withdrawn with liberty to Appellant to seek appropriate remedy in trial court in the interest of justice."

¶33