Dismissed¶¶42

Sri. Kempanna v. Smt. Lakshmamma

Karnataka HC28 Oct 2025MFA/8433/2023

Case brief

AI extract

What is this about?

Karnataka HC (Bengaluru), 28-10-2025, Hanchate Sanjeevkumar (single judge): MFA No.8433/2023 (CPC-) by Kempanna v. Lakshmamma, Muniraaja N, Akkayamma, Shobha, Shivaraju N K, minors Ganesh N S and Prajwal N S, K Manjunatha, Bhagyamma alias Anjinamma, Anjinappa and M/s Goldfinch Resorts Pvt Ltd - appeal against 29.11.2023 dismissal of temporary-injunction IA No.1 (O.39 R.1&2 r/w S.151 CPC) in O.S.716/2023, Devanahalli; withdrawn at admission stage on appellant's memo; appeal dismissed as withdrawn; no merits adjudicated.

What did the court decide?

Permission to withdraw the appeal granted; appeal dismissed as withdrawn. ¶¶42

Sri. Kempanna Vs Smt. Lakshmamma — Company and Corporate | Karnataka HC (2025)

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1 - NC: 2025:KHC:43225 MFA No. 8433 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF OCTOBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.8433 OF 2023 (CPC-)

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BETWEEN:

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SRI. KEMPANNA S/O LATE CHIKKA ANJINAPPA AGED ABOUT 62 YEARS

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RA/T BYADARAHALLI VILLAGE KUNDANA HOBLI DEVANAHALLI TALUK BENGALURU RUAL DISTIRCT 562110

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…APPELLANT

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(BY SRI. CHANDRASHEKAR H B.,ADVOCATE)

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AND:

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SMT. LAKSHMAMMA W/O LATE KRISHNAPPA AGED ABOUT 77 YEARS

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Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA

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MUNIRAAJA N S/O LATE KRISHNAPPA AGED ABOUT 56 YEARS

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SMT AKKAYAMMA S/O LATE KRISHNAPPA AGED ABOUT 50 YEARS

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SMT SHOBHA S/O LATE KRISHNAPPA AGED ABOUT 47 YEARS

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SRI SHIVARAJU N K S/O LATE KRISHNAPPA AGED ABOUT 42 YEARS

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2 - NC: 2025:KHC:43225 MFA No. 8433 of 2023

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HC-KAR

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MASTER GANESH N S S/O SHIVARAJU N K AGED ABOUT 15 YEARS

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MASTER PRAJWAL N S S/O SHIVARAJU N K AGED ABOUT 13 YEARS

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RESPONDENTS NO.6 & 7 BEING MINORS REPRESENTED BY THEIR FATHER AND NATURAL GUARDIAN SRI. SHIVARAJU N K I.E., RESPONDENT NO.5 HEREIN

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SRI K MANJUNATHA S/O LATE KRISHNAAPPA AGED 37 YEARS

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SMT BHAGYAMMA ALIAS ANJINAMMA D/O LATE MUDDAMMA AGED 61 YEARS

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SRI ANJINAPPA S/O LATE MUDDAMMA AGED 57 YEARS

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RESPONDENT NOS.1 TO 10 ARE

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R/AT NERAGANAHALLI VILLAGE KUNDANA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562110

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M/S GOLDFINCH RESORTS PVT LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS OFFICE AT NO.2/55, OUTER RING ROAD OPP: TO LUMBINI GARDENS VEERANNAPAYA, NAGAVARA

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3 - NC: 2025:KHC:43225 MFA No. 8433 of 2023

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HC-KAR

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BENGALURU-560045

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REP. BY ITS DULY AUTORIZED SIGNATORY MR B VIJAYAKUMAR

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…RESPONDENTS

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(BY SRI. RAGHAVENDRA N R., ADVOCATE FOR C/R4 & R5 AND FOR R1 TO 3 & R6 TO R10, R6 & R7 ARE MINORS REP. BY R5; SRI. SANDEEP LAHIRI & DEEPIKA JOSHI, ADV. FOR R11)

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THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.29.11.2023 PASSED ON IA NO.1 IN O.S.NO.716/2023 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, DISMISSING IA NO.1 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC.

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

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CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

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ORAL JUDGMENT

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Learned counsel for the appellant has filed a memo seeking permission to withdraw the appeal.

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Memo is taken on record.

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Accordingly, the appeal is dismissed as withdrawn .