Sri. S.P. Sivanandam Vs Smt. Velliyamma — Karnataka HC (2026) — LawSathi Research

Sri. S.P. Sivanandam Vs Smt. Velliyamma — Karnataka HC (2026) — LawSathi Research

1 - NC: 2026:KHC:28857 MFA No. 7516 of 2019 C/W MFA No. 8795 of 2018 MFA No. 7517 of 2019

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF JUNE, 2026

BEFORE

THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 7516 OF 2019 (CPC) C/W

MISCELLANEOUS FIRST APPEAL NO. 8795 OF 2018 MISCELLANEOUS FIRST APPEAL NO. 7517 OF 2019

IN MFA No. 7516/2019

BETWEEN:

Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH

Location: HIGH COURT OF KARNATAKA

SRI. S.P. SIVANANDAM S/O SRI PONGIANNAN AGED ABOUT 58 YEARS, R/AT NO. 173 BHAVANI MAIN ROAD, ERODE-638 004 TAMILNADU

SMT S S MALLIGAA W/O S P SIVANANDAM AGED ABOUT 52 YEARS, R/AT NO.173 BHAVANI MAIN ROAD, ERODE-638 004 TAMIL NADU

…APPELLANTS

(BY SRI. BHANU PRASAD K.,ADVOCATE)

2 -

NC: 2026:KHC:28857 MFA No. 7516 of 2019 C/W MFA No. 8795 of 2018 MFA No. 7517 of 2019

HC-KAR

AND:

SMT. VELLIYAMMA W/O LATE NARAYANA SWAMY AGED ABOUT 69 YEARS, R/AT NO.8 GOSIAH STREET, AKKITHIMMANAHALLI SHANTHINAGAR BENGALURU-560 027

…RESPONDENT

(BY SRI.V.G.BHANU PRAKASH ., ADVOCATE)

THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.14.08.2019 PASSED ON IA NO.1 IN O.S.NO.3714/2018 ON THE FILE OF THE XII ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU (CCH NO.27), DISMISSING IA NO.1 FILED U/O.39 RULE 1&2 OF CPC.

IN MFA NO. 8795/2018

BETWEEN:

SMT. VELLIYAMMA W/O LATE C NARAYANA SWAMY AGED ABOUT 68 YEARS R/A NO.8, GOSAIAH STREET AKKITHIMMANAHALLI SHANTHINAGARA BENGALURU-560027

...APPELLANT

(BY SRI.V.G.BHANU PRAKASH ., ADVOCATE)

3 - NC: 2026:KHC:28857 MFA No. 7516 of 2019 C/W MFA No. 8795 of 2018 MFA No. 7517 of 2019

HC-KAR

AND:

DR B RAJENDRA PRASAD S/O T BASANTHAPPA R/A FLAT NO.201 PLOT NO.360 6TH A CROSS RMV 2ND STAGE SANJAYNAGAR BENGALURU-560094

...RESPONDENT

(BY SRI. BHANU PRASAD K FOR C/R., ADVOCATE)

THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.06.10.2018 PASSED ON IA NO.1 IN O.S.NO.4727/2018 ON THE FILE OF THE XXIX ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU (CCH-30), ALLOWING IA NO.1 FILED U/O.39 RULE 1&2 OF CPC.

IN MFA NO. 7517/2019

BETWEEN:

SRI. S.P. SIVANANDAM S/O SRI PONGIANNAN, AGED ABOUT 58 YEARS, R/AT NO.173, BHAVANI MAIN ROAD, ERODE 638004, TAMIL NADU.

SMT S.S.MALLIGGAA W/O S.P.SIVANANDAM, AGED ABOUT 52 YEARS,

4 - NC: 2026:KHC:28857 MFA No. 7516 of 2019 C/W MFA No. 8795 of 2018 MFA No. 7517 of 2019

HC-KAR

R/AT NO.173, BHAVANI MAIN ROAD,

ERODE 638004, TAMIL NADU.

...APPELLANTS

(BY SRI. BHANU PRASAD K.,ADVOCATE)

AND:

SMT. VELLIYAMMA W/O LATE NARAYANA SWAMY, AGED ABOUT 69 YEARS, R/AT NO.8, GOSIAH STREET, AKKITHIMMANAHALLI, SHANTHINAGAR, BENGALURU 560027

...RESPONDENT

(BY SRI.V.G.BHANU PRAKASH., ADVOCATE)

THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 14.08.2019 PASSED ON I.A.NO.1 IN OS.NO.3715/2018 ON THE FILE OF THE XIIADDITIONAL CITY CIVIL AND SESSIONS JUDGE CCH27, BENGALURU, DISMISSING THE I.A. NO.I FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC.

THESE APPEALS, ARE COMING ON FOR FINAL HEARING,

THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

5 - NC: 2026:KHC:28857 MFA No. 7516 of 2019 C/W MFA No. 8795 of 2018 MFA No. 7517 of 2019

HC-KAR

ORAL JUDGMENT

Learned counsel for the appellant has filed a memo in MFA.No.7516/2019 and MFA.No.7517/2019 to dismiss the appeals has not pressed.

The memo is taken on record;

MFA.No.7516/2019 and MFA.No.7517/2019 are

dismissed as not pressed.

Learned counsel for the respondent in MFA.No.8795/2018 submits that the suit in

O.S.No.4727/2018 also came to be disposed of on 16.12.2024; hence, the said appeal also would not survive for consideration any more.

Placing her submission on record, the MFA.No.8795/2018 is dismissed as having become infructuous.

Sd/(PRADEEP SINGH YERUR) JUDGE

RCK, List No.: 1 Sl No.: 48