Dismissed¶107

Sri. N Nagaraj v. Smt. Jayalakshmi

Karnataka HC10 Jan 2025RFA/2310/2023

Case brief

AI extract

What is this about?

Dismissal of Regular First Appeal as withdrawn; memo for withdrawal filed by appellant; counsel confirms conscious decision and undertakes not to seek recall or file review petition; Section 96 CPC 1908; RFA No. 2310 of 2023 (PAR); NC: 2025:KHC:1012; High Court of Karnataka at Bengaluru; Justice Jyoti Mulimani; decided 10 January 2025; no merits adjudicated; no precedent value on the underlying dispute.

What did the court decide?

None; the appeal was dismissed as withdrawn at the instance of the appellant, who filed a memo seeking withdrawal. ¶107

Sri. N Nagaraj Vs Smt. Jayalakshmi — Company and Corporate | Karnataka HC (2025)

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NC: 2025:KHC:1012 RFA No. 2310 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 2310 OF 2023 (PAR)

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BETWEEN:

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SRI. N.NAGARAJ S/O LATE SRI. B.NARASIMHA REDDY, AGED ABOUT 72 YEARS, R/A NO.55, 13^TH CROSS, 4^TH MAIN, MALLESWARAM, BENGALURU-560 003.

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…APPELLANT

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(BY SRI. V.C.RAJU., ADVOCATE)

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AND:

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SMT. JAYALAKSHMI W/O LATE SRI N.RADHAKRISHNAREDDY, AGED ABOUT 80 YEARS, R/A NO.55/1, 13^TH CROSS, 4^TH MAIN, MALLESWARAM, BENGALURU-560 003.

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Digitally signed by THEJASKUMAR N Location: High Court of Karnataka

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SMT. V.SHAKUNTALA SINCE DEAD BY LR.S,

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(a) SMT. SARALA W/O N.NAGARAJ, AGED ABOUT 69 YEARS, R/A FLAT NO.302, NO.55, 13^TH CROSS, 14^TH MAIN, MALLESHWARAM, BENGALURU-560 003.

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(b) SMT. PREMA, AGED ABOUT 68 YEARS,

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NC: 2025:KHC:1012 RFA No. 2310 of 2023

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W/O LATE SUBRAMANI REDDY,

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(d) SMT. SHILPA D/O LATE SUBRAMANI REDDY, AGED ABOUT 48 YEARS,

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ALL 2(b) TO 2(d) ARE R/A SATHYA CARNATION APARTMENTS, NO.8, 9 AND 10, SATHYA ENCLAVE, HENNUR MAIN ROAD, GEDDELHALLI, BENGALURU-560 043.

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SMT. SUSHEELA W/O SHRI CHINNASWAMY REDDY, AGED ABOUT 76 YEARS, R/A OPP. TO BEHTHNEY SCHOOL, AUDOGODI POST, KORAMANGALA, BENGALURU.

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SMT. RAJESHWARI W/O SHRI S.JAYARAMA REDDY, AGED ABOUT 69 YEARS, R/A 15/1, SUBBAIAH REDDY ROAD, ULSOOR, BENGALURU-560 008.

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SMT. GEETHA W/O LATE SHRI C.M.MOHANRAM REDDY, AGED ABOUT 65 YEARS, R/A NO.55/1, 13^TH CROSS, 4^TH MAIN, MALLESHWARAM, BENGALURU-560 003.

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MADHUSUDHAN MALUR ANAND S/O MR. M.A.RAMAKRISHNA, AGED ABOUT 31 YEARS, R/A NO.673, 3^RD CROSS, 4^TH MAIN, BEML LAYOUT,

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3 - NC: 2025:KHC:1012 RFA No. 2310 of 2023

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3^RD STAGE, RAJARAJESHWARI NAGAR, BENGALURU-98.

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K.V.KRISHNAMURTHY S/O LATE K.VASUDEV SASTRI, AGED ABOUT 69 YEARS.

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SMT. LALITHA KRISHNAMURHTY W/O K.V.KRISHNAMURTHY, AGED ABOUT 64 YEARS,

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RESPONDENTS 8 & 9 ARE R/A NO.30-B, SANCHAR LOK APARTMENT, 108, IP EXTENSION, NEW DELHI.

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A.M.VARMAN S/O DR. A.N.RAGHUNATHAN, AGED ABOUT 42 YEARS, R/AT NO. 34, MALLIGE APARTMENTS, 11^TH CROSS, 4^TH MAIN, MALLESHWARAM, BENGALURU - 03.

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S.R.SREENATH S/O MR. S.R.RAGHUNATH IYENGAR, AGED ABOUT 43 YEARS,

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SMT. SUDHA SREENATH W/O S.R.SREENATH, AGED ABOUT 39 YEARS,

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RESPONDENTS NO.11 & 12 IS R/AT A-4, NAVARATHNA APARTMENTS, 17^TH CROSS, MALLESWARAM, BANGALORE - 55.

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SMT. VINUTHA MUKUND ASURI W/O MUKUND RAMANUJAM ASURI, AGED ABOUT 33 YEARS,

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4 - NC: 2025:KHC:1012 RFA No. 2310 of 2023

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SRI MUKUND RAMANUJAM ASURI S/O RAMANUJAM ASURI,

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AGED ABOUT 35 YEARS,

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THE RESPONDENTS NO.12 & 13 ARE R/AT NO.112, FLAT NO.101, HARITHA APARTMENTS, 5^TH MAIN, 11^TH CROSS, MALLESWARAM, BANGALORE - 560 003.

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M/S. RAJU DWELLINGS PVT. LTD., A COMPANY INCORPORATED UNDER COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE NO.95, 3 MAIN, G.D.PARK EXTENSION, OPP. TO STEELA MARY'S CONVENT, VYALIKAVAL, BENGALURU - 03. REPRESENTED BY ITS MANAGING DIRECTOR MR. R.K.RAJU.

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K.H.PRABHUDEV S/O SRI K.HANUMANTHAPPA, AGED ABOUT 62 YEARS,

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SMT. SUNANDA.K W/O K.H.PRABHUDEV, AGED ABOUT 53 YEARS,

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RESPONDENTS NO.15 & 16 ARE R/AT NO.101, MUNICIPAL NO.55/4, 1^ST FLOOR, GANESH RESIDENCY, 4^TH MAIN, 13^TH CROSS, MALLESWARAM, BANGALORE - 55.

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MR. SABYASACHI CHATTERJEE S/O PARIMALKUMAR CHARERGEE, AGED ABOUT 53 YEARS, R/AT NO.23, AYODHYA APARTMENT-138, 8 MAIN ROAD, MALLESWARAM, BANGALORE - 03.

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5 - NC: 2025:KHC:1012 RFA No. 2310 of 2023

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MRS. N.SARALA W/O N.NAGARAJ, AGED ABOUT 42 YEARS, R/AT NO. 55/11, FLAT NO.302, 3^RD FLOOR, 4 MAIN, 13 CROSS, GANESH RESIDENCY, MALLESWARAM, BANGALORE - 55.

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MRS. N.JAYAVARDINI D/O NAGRAJ REDDY, W/O A.CHARAN, AGED ABOUT 22 YEARS, R/AT NO.1, SRINIVASAN PATAI TIRUPATHUR, VELLORE DISTRICT, TAMILNADU STATE.

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SRI. G.RAJA REDDY

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SINCE DECEASED BY HIS LRS,

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(a) KUPPAMMA

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AGED ABOUT 70 YEARS, R/AT NO. 93, 5 CROSS, OKALIPURAM, BANGALORE-55.

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(b) SMT. VEENA AGED ABOUT 60 YEARS, W/O LATE R.SAMPATHKUMAR, S/O G.RAJA REDDY,

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RESPONDENTS 21 (b & c) ARE R/AT NO. 29/1, 'A' MAIN, SHIVANAHALLI, BANGALORE-10.

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SRI. C.M.KRISHNAREDDY SINCE DEAD BY HIS LR'S,

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NC: 2025:KHC:1012 RFA No. 2310 of 2023

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(a) VIJAYA RAGHAVA REDDY C K SO LATE KRISHNA REDDY C M, AGED ABOUT 60 YEARS,

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(b) SMT. KAVITHA S/O LATE KRISHNA REDDY C M, AGED ABOUT 58 YEARS,

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21(a TO c) RESIDING AT NO. 246, 2 CROSS, AECS LAYOUT, GEDDALAHALLI RMV EXTENSION, 2^nd STAGE, BENGALURU-560 094.

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SRI. C.M.VARADA RAJ REDDY S/O C.LATE MUNISWAMY REDDY, AGED ABOUT 63 YEARS,

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RESPONDENTS NO.21 & 22 ARE RESIDING AT CHINNA MOTUR, THIRUPATHUR TALUK, NORTH ARCOT DISTRICT, TAMIL NADU STATE.

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SRI. PADMANABHA GUPTA SINCE DEAD BY HIS LRS,

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(a) ESHWAR PRASAD AGED ABOUT 50 YEARS,

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(b) BADRINATHA AGED ABOUT 45 YEARS,

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BOTH ARE SON OF S/O LATE PADMANABHA GUPTA AND R/AT HINDUPURA TOWN, ANANTHAPURA DISTRICT (A.P.).

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7 - NC: 2025:KHC:1012 RFA No. 2310 of 2023

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M/S. GOVERDHAN THEATER A REGISTERED PARTNERSHIP FIRM AT NO. 47/2, INDUSTRIAL SUBURB, YESHWANTHAPURA, TUMKUR MAIN ROAD, BENGALURU. REPRESENTED BY ITS MANAGING PARTNER N.NAGARAJ.

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L.SADASHIVA REDDY SINCE DEAD BY HIS LRS.

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(a) N.SAROJAMMA AGED ABOUT 78 YEARS, S/O LATE IYAPPA REDDY,

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(b) PREMA

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AGED ABOUT 70 YEARS, W/O LATE SADASHIVA REDDY,

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RESPONDENTS NO. 25(a) (b) & (c) ARE R/AT NO.23, "SOWMITHRI" 5^TH CROSS, 2^ND MAIN, L.N.COLONY, YESHWANTHPUR, BANGALORE-22.

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(d) GOVARDHAN.S AGED ABOUT 40 YEARS, S/O LATE I.SADASHIVA REDDY, RESIDING AT NO.895, 4^TH CROSS, 16^TH MAIN, MICO LAYOUT, BTM 2^ND STAGE, BANGALORE-76.

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I.NARAYANA REDDY S/O LATE IYYAPPA REDDY, AGED ABOUT 60 YEARS, R/AT 23/1, 5^TH CROSS, 2 MAIN ROAD, L.N.COLONY,

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NC: 2025:KHC:1012 RFA No. 2310 of 2023

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YESHWANTHAPURA, BANGALORE-22.

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M.CHANDRASHEKAR S/O K.M.UNNI REDDY, AGED ABOUT 60 YEARS, R/AT NO 197/B, 3^RD BLOCK, 8^TH MAIN ROAD, JAYANAGAR, BANGALORE-11.

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SRI A.RADHARKISHNA S/O K.V.ARJUNA REDDY, AGED ABOUT 44 YEARS, R/AT NO.34, 2^ND CROSS, 7^TH BLOCK, K.R.ROAD, YEDIYUR, BANGALORE-82.

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SRI C.M.MOHAN RAM REDDY SINCE DECEASED BY HIS LR'S.

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(a) SMT. GEETHA.M AGED ABOUT 49 YEARS, D/O LATE C.M.MOHAN RAM REDDY,

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(b) C.M.SWAPNA D/O LATE C.M.MOHAN RAM REDDY, AGED ABOUT 30 YEARS.

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(d) C.M.ANURADHA AGED ABOUT 26 YEARS, D/O LATE C M MOHAN RAM REDDY, RESPONDENTS NO.30(a) TO (d) 55/2, 13^TH CROSS, 4^TH MAIN, MALLESWARAM, BENGALURU - 560 003.

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K.SRINIVASA REDDY SINCE DEAD BY HIS LR'S,

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9 - NC: 2025:KHC:1012 RFA No. 2310 of 2023

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(a) SMT. SUSHEELA REDDY W/O K.SRINIVASA REDDY R/AT NO 543, 1 MAIN, 8^TH BLOCK, KORAMANGALA, BENGALURU - 34.

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V.HEMANTHAKUMAR S/O M.VENKATESH, AGED ABOUT 47 YEARS, R/AT NO 972/C, 4^TH E BLOCK, RAJAJINAGAR, BENGALURU.

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SRI. M.V.VENKATESH S/O MUNISWAMY REDDY, AGED ABOUT 67 YEARS, R/AT NO.972 C, 4^TH E BLOCK, RAJAJINAGAR, BANGALORE.

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SRI. P.K.SETHURAM S/O LATE SRI.KESHAVAMURTHY, AGED ABOUT 62 YEARS, R/AT NO.18/A, 8^TH CROSS, DEEVANARAPALYA MATTIKERE MAIN ROAD, BENGALURU.

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SRI P.K.SOMASUNDARA S/O LATE SRI. KESHVAMURTHY, AGED ABOUT 52 YEARS, R/AT NO 129, 2^ND MAIN ROAD, M.T.LAYOUT, 13^TH CROSS, MALLESWARAM, BANGALORE - 03.

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MRS. SHYLASHREE KOWDLE SESHADRI, W/O SRIDHAR SUBRAMANIAN, AGED ABOUT 37 YEARS, R/AT G2, GROUND FLOOR, GANESH RESIDENCY, 13^TH CROSS, 4^TH MAIN, MALLESHWARAM, BANGALORE - 03.

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…RESPONDENTS (BY SRI. MITHUN GERAHALLI.H., ADVOCATE FOR C/R1)

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10 -

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NC: 2025:KHC:1012 RFA No. 2310 of 2023

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THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CPC, 1908.

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THIS REGULAR FIRST APPEAL IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER:

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ORAL ORDER

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Sri.V.C.Raju., counsel for the appellant has appeared in person.

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Counsel submits that a memo has been filed stating that the appeal may be dismissed as withdrawn. Counsel therefore, submits that the memo may be placed on record and the appeal may be dismissed as withdrawn.

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When queried, counsel submits that a conscious decision is taken by him and the appellant to withdraw the appeal and if an order is passed, they shall not seek for recalling the same or file review petition.

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The oral submission made by counsel for the appellant and the memo is placed on record.

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The Regular First Appeal is dismissed as withdrawn.

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Sd/(JYOTI MULIMANI) JUDGE

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TKN List No.: 2 Sl No.: 15

Parties & counsel

AI extract

appellant
SRI. N.NAGARAJ S/O LATE SRI. B.NARASIMHA REDDY¶8
Sri V.C.Raju
respondent
SMT. JAYALAKSHMI W/O LATE SRI N.RADHAKRISHNAREDDY¶12
Sri Mithun Gerahalli.H.
respondent
SMT. V.SHAKUNTALA (SINCE DEAD BY LR.S) - LRs: (a) SMT. SARALA W/O N.NAGARAJ; (b) SMT. PREMA; (c) SRI. NAVEEN S/O LATE SUBRAMANI REDDY; (d) SMT. SHILPA D/O LATE SUBRAMANI REDDY¶14
respondent
SMT. SUSHEELA W/O SHRI CHINNASWAMY REDDY¶23
respondent
SMT. RAJESHWARI W/O SHRI S.JAYARAMA REDDY¶24
respondent
SMT. GEETHA W/O LATE SHRI C.M.MOHANRAM REDDY¶25
respondent
MADHUSUDHAN MALUR ANAND S/O MR. M.A.RAMAKRISHNA¶26
respondent
K.V.KRISHNAMURTHY S/O LATE K.VASUDEV SASTRI¶29
respondent
SMT. LALITHA KRISHNAMURHTY W/O K.V.KRISHNAMURTHY¶30
respondent
A.M.VARMAN S/O DR. A.N.RAGHUNATHAN¶32
respondent
S.R.SREENATH S/O MR. S.R.RAGHUNATH IYENGAR¶33
respondent
SMT. SUDHA SREENATH W/O S.R.SREENATH¶34
respondent
SMT. VINUTHA MUKUND ASURI W/O MUKUND RAMANUJAM ASURI¶36
respondent
SRI MUKUND RAMANUJAM ASURI S/O RAMANUJAM ASURI¶38
respondent
M/S. RAJU DWELLINGS PVT. LTD. (represented by its Managing Director Mr. R.K.Raju)¶41
respondent
K.H.PRABHUDEV S/O SRI K.HANUMANTHAPPA¶42
respondent
SMT. SUNANDA.K W/O K.H.PRABHUDEV¶43
respondent
MR. SABYASACHI CHATTERJEE S/O PARIMALKUMAR CHARERGEE¶45
respondent
MRS. N.SARALA W/O N.NAGARAJ¶47
respondent
MRS. N.JAYAVARDINI D/O NAGRAJ REDDY, W/O A.CHARAN¶48
respondent
SRI. G.RAJA REDDY (SINCE DECEASED BY HIS LRS) - LRs: (a) KUPPAMMA; (b) SMT. VEENA W/O LATE R.SAMPATHKUMAR, S/O G.RAJA REDDY; (c) SMT. DHANALAKSHMI DO LATE R.SAMPATH KUMAR, S/O G.RAJA REDDY¶49
respondent
SRI. C.M.KRISHNAREDDY (SINCE DEAD BY HIS LR'S) - LRs: (a) VIJAYA RAGHAVA REDDY C K SO LATE KRISHNA REDDY C M; (b) SMT. KAVITHA S/O LATE KRISHNA REDDY C M; (c) SMT. KALPANA D/O LATE KRISHNA REDDY C M¶56
respondent
SRI. C.M.VARADA RAJ REDDY S/O C.LATE MUNISWAMY REDDY¶63
respondent
SRI. PADMANABHA GUPTA (SINCE DEAD BY HIS LRS) - LRs: (a) ESHWAR PRASAD; (b) BADRINATHA¶65
respondent
M/S. GOVERDHAN THEATER (registered partnership firm represented by its Managing Partner N.Nagaraj)¶70
respondent
L.SADASHIVA REDDY (SINCE DEAD BY HIS LRS) - LRs: (a) N.SAROJAMMA; (b) PREMA; (c) P.ANUPAMA REDDY; (d) GOVARDHAN.S¶71
respondent
I.NARAYANA REDDY S/O LATE IYYAPPA REDDY¶78
respondent
M.CHANDRASHEKAR S/O K.M.UNNI REDDY¶82
respondent
SRI A.RADHARKISHNA S/O K.V.ARJUNA REDDY¶83
respondent
SRI C.M.MOHAN RAM REDDY (SINCE DECEASED BY HIS LR'S) - LRs: (a) SMT. GEETHA.M; (b) C.M.SWAPNA; (c) C.M.POORNIMA; (d) C.M.ANURADHA¶84
respondent
K.SRINIVASA REDDY (SINCE DEAD BY HIS LR'S) - LR: (a) SMT. SUSHEELA REDDY¶89
respondent
V.HEMANTHAKUMAR S/O M.VENKATESH¶92
respondent
SRI. M.V.VENKATESH S/O MUNISWAMY REDDY¶93
respondent
SRI. P.K.SETHURAM S/O LATE SRI.KESHAVAMURTHY¶94
respondent
SRI P.K.SOMASUNDARA S/O LATE SRI. KESHVAMURTHY¶95
respondent
MRS. SHYLASHREE KOWDLE SESHADRI, W/O SRIDHAR SUBRAMANIAN¶96

Coram

AI extract

Ms. Justice Jyoti Mulimaniauthor¶6

Sri. N Nagaraj v. Smt. Jayalakshmi

Case brief

What is this about?

What did the court decide?

Sri. N Nagaraj v. Smt. Jayalakshmi

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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