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2025 DAILYLAW 33553 (KAR)

MRS. S M REKHA v. A GOPAL

MFA/2985/2017 · 2025-03-21

Hanchate Sanjeevkumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:12006 MFA No. 2985 of 2017 C/W MFA No. 2981 of 2017 MFA No. 2982 of 2017 AND 5 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 2985 OF 2017 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO. 2981 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 2982 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 2983 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 2984 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 2986 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 2987 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 2988 OF 2017 IN MFA No. 2985/2017 BETWEEN: MRS. S M REKHA W/O SRI H.B. PREMNATH AGED ABOUT 55 YEARS NO.210, K H B COLONY, 2ND STAGE, R.M.V EXTENSION, BENGALURU-560 094. …APPELLANT (BY SRI. K B S MANIAN, ADVOCATE) AND: 1. A GOPAL S/O LATE APPAYANNA AGED ABOUT 81 YEARS 2. SAMPANGIRAMA S/O A GOPAL AGED ABOUT 46 YEARS Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12006 MFA No. 2985 of 2017 C/W MFA No. 2981 of 2017 MFA No. 2982 of 2017 AND 5 OTHERS 3. LAKSHMIPATHY S/O A GOPAL AGED ABOUT 43 YEARS 4. SATISH KUMAR S/O A GOPAL AGED ABOUT 41 YEARS 5. KANTHARAJ S/O A GOPAL AGED ABOUT 39 YEARS 6. SHASHIKUMAR S/O A GOPAL AGED ABOUT 35 YEARS 7. SADASHIVA KUMAR S/O A GOPAL AGED ABOUT 36 YEARS 8. DHANUSH KUMAR S/O A GOPAL AGED ABOUT 33 YEARS 9. NAGAMMA D/O A GOPAL AGED ABOUT 53 YEARS 10. RENUKAMMA D/O A GOPAL AGED ABOUT 50 YEARS 11. SUBBAMMA D/O A GOPAL AGED ABOUT 45 YEARS 12. MUNIRATHNA D/O A GOPAL AGED ABOUT 34 YEARS 13. SRIDEVI D/O A GOPAL AGED ABOUT 32 YEARS - 3 - NC: 2025:KHC:12006 MFA No. 2985 of 2017 C/W MFA No. 2981 of 2017 MFA No. 2982 of 2017 AND 5 OTHERS ALL ARE RESIDING AT NO.814/464 5TH MAIN, 4TH BLOCK IST STAGE, H B R LAYOUT BANGALORE-560 043. …RESPONDENTS (BY SRI.MOHAMMAD NIYAZ S.,ADVOCATE FOR R1 TO R13) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC.,AGAINST THE ORDER DATED 06.01.2017 PASSED ON I.A.NO.1 IN O.S.NO.3094/2013 ON THE FILE OF THE I ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY (CCH.NO.2),PARTLY ALLOWING I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SEC 151 OF CPC. IN MFA NO. 2981/2017 BETWEEN: 1. SRI. M. VENUGOPALAN S/O A NARAYAN NAIR, AGED ABOUT 63 YEARS, 2. SMT N VIJAYALAKSHMI W/O M VENUGOPALAN AGED ABOUT 58 YEARS BOTH RESIDING AT NO.292 6TH CROSS, IST MAIN HANUMANTHNAGAR BANGALORE-560 019. ...APPELLANTS (BY SRI. K.B.S MANIAN, ADVOCATE) AND: 1. A GOPAL S/O LATE APPAYANNA AGED ABOUT 81 YEARS 2. SAMPANGIRAMA S/O A GOPAL AGED ABOUT 46 YEARS - 4 - NC: 2025:KHC:12006 MFA No. 2985 of 2017 C/W MFA No. 2981 of 2017 MFA No. 2982 of 2017 AND 5 OTHERS 3. LAKSHMIPATHY S/O A GOPAL AGED ABOUT 43 YEARS 4. SATISH KUMAR S/O A GOPAL AGED ABOUT 41 YEARS 5. KANTHARAJ S/O A GOPAL AGED ABOUT 39 YEARS 6. SHASHIKUMAR S/O A GOPAL AGED ABOUT 35 YEARS 7. SADASHIVA KUMAR S/O A GOPAL AGED ABOUT 34 YEARS 8. DHANUSH KUMAR S/O A GOPAL AGED ABOUT 33 YEARS R/A NO.814/464 9. NAGAMMA D/O A GOPAL AGED ABOUT 53 YEARS 10. RENUKAMMA D/O A GOPAL AGED ABOUT 50 YEARS 11. SUBBAMMA D/O A GOPAL AGED ABOUT 45 YEARS 12. MUNIRATHNA D/O A GOPAL AGED ABOUT 34 YEARS 13. SRIDEVI D/O A GOPAL AGED ABOUT 32 YEARS - 5 - NC: 2025:KHC:12006 MFA No. 2985 of 2017 C/W MFA No. 2981 of 2017 MFA No. 2982 of 2017 AND 5 OTHERS ALL ARE RESIDING AT NO.814/464, 5TH MAIN, 4TH BLOCK IST STAGE, H B R LAYOUT, BANGALORE-560 043. ...RESPONDENTS (BY SRI.MOHAMMAD NIYAZ S.,ADVOCATE FOR R1 TO R13) THIS MFA FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DT.06.01.2017 PASSED ON I.A.NO.1 IN O.S.NO.3090/2013 ON THE FILE OF THE I ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU, PARTLY ALLOWING I.A.NO.1 FILED U/O 39 RULE 1 & 2 R/W SEC.151 OF CPC. IN MFA NO. 2982/2017 BETWEEN: SRI. SHAM SHEER ULLA KHAN S/O LATE PATCHA KHAN AGED ABOUT 63 YEARS NO.21, IST FLOOR DHANAKOTTY LANE THIMMAIAH ROAD CROSS BANGALORE-560 051. ...APPELLANT (BY SRI. K. B. S. MANIAN, ADVOCATE) AND: 1. A GOPAL S/O LATE APPAYANNA AGED ABOUT 81 YEARS 2. SAMPANGIRAMA S/O A GOPAL AGED ABOUT 46 YEARS 3. LAKSHMIPATHY S/O A GOPAL AGED ABOUT 43 YEARS 4. SATISH KUMAR S/O A GOPAL AGED ABOUT 41 YEARS - 6 - NC: 2025:KHC:12006 MFA No. 2985 of 2017 C/W MFA No. 2981 of 2017 MFA No. 2982 of 2017 AND 5 OTHERS 5. KANTHARAJ S/O A GOPAL AGED ABOUT 39 YEARS 6. SHASHIKUMAR S/O A GOPAL AGED ABOUT 35 YEARS 7. SADASHIVA KUMAR S/O A GOPAL AGED ABOUT 36 YEARS 8. DHANUSH KUMAR S/O A GOPAL AGED ABOUT 33 YEARS 9. NAGAMMA D/O A GOPAL AGED ABOUT 53 YEARS 10. RENUKAMMA D/O A GOPAL AGED ABOUT 50 YEARS 11. SUBBAMMA D/O A GOPAL AGED ABOUT 45 YEARS 12. MUNIRATHNA D/O A GOPAL AGED ABOUT 34 YEARS 13. SRIDEVI D/O A GOPAL AGED ABOUT 32 YEARS ALL ARE RESIDING AT NO.814/464 5TH MAIN, 4TH BLOCK IST STAGE, H B R LAYOUT BANGALORE-560 043 ...RESPONDENTS (BY SRI. MOHAMMAD NIYAZ S.,ADVOCATE FOR R1 TO R13) - 7 - NC: 2025:KHC:12006 MFA No. 2985 of 2017 C/W MFA No. 2981 of 2017 MFA No. 2982 of 2017 AND 5 OTHERS THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DT.06.01.2017 PASSED ON I.A.NO.1 IN O.S.NO.3091/2013 ON THE FILE OF THE I ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU, PARTLY ALLOWING I.A.NO.1 FILED U/O 39 RULE 1 & 2 R/W SEC.151 OF CPC. IN MFA NO. 2983/2017 BETWEEN: MRS. IMELDA KALYANI PRABHU W/O M U WILLIAM PRABHU MAJOR, NO.9, SCOTT LANE, NARAIN PILLAI STREET CROSS BENGALURU-560 001. ...APPELLANT (BY SRI. K.B.S. MANIAN, ADVOCATE) AND: 1. A GOPAL S/O LATE APPAYANNA AGED ABOUT 81 YEARS 2. SAMPANGIRAMA S/O A GOPAL AGED ABOUT 46 YEARS 3. LAKSHMIPATHY S/O A GOPAL AGED ABOUT 43 YEARS 4. SATISH KUMAR S/O A GOPAL AGED ABOUT 41 YEARS 5. KANTHARAJ S/O A GOPAL AGED ABOUT 39 YEARS 6. SHASHIKUMAR S/O A GOPAL AGED ABOUT 35 YEARS - 8 - NC: 2025:KHC:12006 MFA No. 2985 of 2017 C/W MFA No. 2981 of 2017 MFA No. 2982 of 2017 AND 5 OTHERS 7. SADASHIVA KUMAR S/O A GOPAL AGED ABOUT 34 YEARS 8. DHANUSH KUMAR S/O A GOPAL AGED ABOUT 43 YEARS 9. NAGAMMA D/O A GOPAL AGED ABOUT 53 YEARS 10. RENUKAMMA D/O A GOPAL AGED ABOUT 50 YEARS 11. SUBBAMMA D/O A GOPAL AGED ABOUT 45 YEARS 12. MUNIRATHNA D/O A GOPAL AGED ABOUT 34 YEARS 13. SRIDEVI D/O A GOPAL AGED ABOUT 32 YEARS ALL ARE RESIDING AT NO.814/464 5TH MAIN, 4TH BLOCK IST STAGE, H B R LAYOUT BANGALORE-560 043. ...RESPONDENTS (BY SRI.MOHAMMED NIYAZ S.,ADVOCATE FOR R1 TO R13) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC.,AGAINST THE ORDER DATED 06.01.2017 PASSED ON I.A.NO.1 IN O.S.NO.3092/2013 ON THE FILE OF THE I ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY (CCH.NO.2),PARTLY ALLOWING I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SEC 151 OF CPC. - 9 - NC: 2025:KHC:12006 MFA No. 2985 of 2017 C/W MFA No. 2981 of 2017 MFA No. 2982 of 2017 AND 5 OTHERS IN MFA NO. 2984/2017 BETWEEN: SRI. JAGANMOHAN GOGULA S/O G KRISHNA REDDY AGED ABOUT 30 YEARS NO.13, 5TH CROSS S.S.A ROAD,HEBBAL BENGALURU-560 024. ...APPELLANT (BY SRI. K.B.S MANIAN, ADVOCATE) AND: 1. A GOPAL S/O LATE APPAYANNA AGED ABOUT 81 YEARS 2. SAMPANGIRAMA S/O A GOPAL AGED ABOUT 46 YEARS 3. LAKSHMIPATHY S/O A GOPAL AGED ABOUT 43 YEARS 4. SATISH KUMAR S/O A GOPAL AGED ABOUT 41 YEARS 5. KANTHARAJ S/O A GOPAL AGED ABOUT 39 YEARS 6. SHASHIKUMAR S/O A GOPAL AGED ABOUT 35 YEARS 7. SADASHIVA KUMAR S/O A GOPAL AGED ABOUT 34 YEARS 8. DHANUSH KUMAR S/O A GOPAL - 10 - NC: 2025:KHC:12006 MFA No. 2985 of 2017 C/W MFA No. 2981 of 2017 MFA No. 2982 of 2017 AND 5 OTHERS AGED ABOUT 43 YEARS R/A NO.814/464 9. NAGAMMA D/O A GOPAL AGED ABOUT 53 YEARS 10. RENUKAMMA D/O A GOPAL AGED ABOUT 50 YEARS 11. SUBBAMMA D/O A GOPAL AGED ABOUT 36 YEARS R/A NO.814/464 12. MUNIRATHNA D/O A GOPAL AGED ABOUT 34 YEARS 13. SRIDEVI D/O A GOPAL AGED ABOUT 32 YEARS ALL ARE RESIDING AT NO.814/464 5TH MAIN, 4TH BLOCK IST STAGE, H B R LAYOUT BANGALORE-560 043. ...RESPONDENTS (BY SRI.MOHAMMED NIYAZ S.,ADVOCATE FOR R1 TO R13) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC.,AGAINST THE ORDER DATED 06.01.2017 PASSED ON I.A.NO.1 IN O.S.NO.3093/2013 ON THE FILE OF THE I ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY (CCH.NO.2),PARTLY ALLOWING I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SEC 151 OF CPC. - 11 - NC: 2025:KHC:12006 MFA No. 2985 of 2017 C/W MFA No. 2981 of 2017 MFA No. 2982 of 2017 AND 5 OTHERS IN MFA NO. 2986/2017 BETWEEN: SMT. P. PARVATHAMMA W/O LATE SREE KRISHNA AGED ABOUT 62 YEARS NO.3/2, GROUND FLOOR, MUNISWAMAPPA ROAS, JOGUPALYA,HALASUR, BENGALURU-560 008. ...APPELLANT (BY SRI. K.B.S. MANIAN, ADVOCATE) AND: 1. A GOPAL S/O LATE APPAYANNA AGED ABOUT 81 YEARS 2. SAMPANGIRAMA S/O A GOPAL AGED ABOUT 46 YEARS 3. LAKSHMIPATHY S/O A GOPAL AGED ABOUT 43 YEARS 4. SATISH KUMAR S/O A GOPAL AGED ABOUT 41 YEARS 5. KANTHARAJ S/O A GOPAL AGED ABOUT 39 YEARS 6. SHASHIKUMAR S/O A GOPAL AGED ABOUT 35 YEARS 7. SADASHIVA KUMAR S/O A GOPAL AGED ABOUT 34 YEARS - 12 - NC: 2025:KHC:12006 MFA No. 2985 of 2017 C/W MFA No. 2981 of 2017 MFA No. 2982 of 2017 AND 5 OTHERS 8. DHANUSH KUMAR S/O A GOPAL AGED ABOUT 33 YEARS 9. NAGAMMA D/O A GOPAL AGED ABOUT 53 YEARS 10. RENUKAMMA D/O A GOPAL AGED ABOUT 50 YEARS 11. SUBBAMMA D/O A GOPAL AGED ABOUT 45 YEARS 12. MUNIRATHNA D/O A GOPAL AGED ABOUT 34 YEARS 13. SRIDEVI D/O A GOPAL AGED ABOUT 34 YEARS ALL ARE RESIDING AT NO.814/464 5TH MAIN, 4TH BLOCK IST STAGE, H B R LAYOUT BANGALORE-560 043. ...RESPONDENTS (BY SRI.MOHAMMED NIYAZ S., ADVOCATE FOR R1 TO R13) THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DT.06.01.2017 PASSED ON I.A.NO.1 IN O.S.NO.3095/2013 ON THE FILE OF THE I ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU, PARTLY ALLOWING I.A.NO.1 FILED U/O 39 RULE 1 & 2 R/W SEC.151 OF CPC. - 13 - NC: 2025:KHC:12006 MFA No. 2985 of 2017 C/W MFA No. 2981 of 2017 MFA No. 2982 of 2017 AND 5 OTHERS IN MFA NO. 2987/2017 BETWEEN: H SURESH S/O LATE N.HANUMAIAH AGED ABOUT 61 YEARS RESIDING AT NO.17/A 8TH MAIN, RMV EXTENSION SADASHIVANAGAR BENGALURU-560 080. ...APPELLANT (BY SRI. K.B.S. MANIAN, ADVOCATE) AND: 1. A GOPAL S/O LATE APPAYANNA AGED ABOUT 81 YEARS 2. SAMPANGIRAMA S/O A GOPAL AGED ABOUT 46 YEARS 3. LAKSHMIPATHY S/O A GOPAL AGED ABOUT 43 YEARS 4. SATISH KUMAR S/O A GOPAL AGED ABOUT 41 YEARS 5. KANTHARAJ S/O A GOPAL AGED ABOUT 37 YEARS 6. SHASHIKUMAR S/O A GOPAL AGED ABOUT 35 YEARS 7. SADASHIVA KUMAR S/O A GOPAL AGED ABOUT 34 YEARS - 14 - NC: 2025:KHC:12006 MFA No. 2985 of 2017 C/W MFA No. 2981 of 2017 MFA No. 2982 of 2017 AND 5 OTHERS 8. DHANUSH KUMAR S/O A GOPAL AGED ABOUT 33 YEARS 9. NAGAMMA D/O A GOPAL AGED ABOUT 53 YEARS 10. RENUKAMMA D/O A GOPAL AGED ABOUT 50 YEARS 11. SUBBAMMA D/O A GOPAL AGED ABOUT 36 YEARS 12. MUNIRATHNA D/O A GOPAL AGED ABOUT 25 YEARS 13. SRIDEVI D/O A GOPAL AGED ABOUT 32 YEARS ALL ARE RESIDING AT NO.814/464 5TH MAIN, 4TH BLOCK IST STAGE, H B R LAYOUT BANGALORE-560 043. ...RESPONDENTS (BY SRI. MOHAMMED NIYAZ S.,ADVOCATE) THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DT.06.01.2017 PASSED ON I.A.NO.1 IN O.S.NO.3096/2013 ON THE FILE OF THE I ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU, PARTLY ALLOWING I.A.NO.1 FILED U/O 39 RULE 1 & 2 R/W SEC.151 OF CPC. IN MFA NO. 2988/2017 BETWEEN: DR. K S RAMACHANDRA S/O LATE KOODLI SUBBA RAO - 15 - NC: 2025:KHC:12006 MFA No. 2985 of 2017 C/W MFA No. 2981 of 2017 MFA No. 2982 of 2017 AND 5 OTHERS AGED ABOUT 58 YEARS NO.155/A 6TH CROSS 2ND BLOCK, JAYANAGAR BANGALORE-560 011. ...APPELLANT (BY SRI. K.B.S. MANIAN ADVOCATE) AND: 1. A GOPAL S/O LATE APPAYANNA AGED ABOUT 81 YEARS 2. SAMPANGIRAMA S/O A GOPAL AGED ABOUT 46 YEARS 3. LAKSHMIPATHY S/O A GOPAL AGED ABOUT 43 YEARS 4. SATISH KUMAR S/O A GOPAL AGED ABOUT 41 YEARS 5. KANTHARAJ S/O A GOPAL AGED ABOUT 39 YEARS 6. SHASHIKUMAR S/O A GOPAL AGED ABOUT 35 YEARS 7. SADASHIVA KUMAR S/O A GOPAL AGED ABOUT 34 YEARS 8. DHANUSH KUMAR S/O A GOPAL AGED ABOUT 33 YEARS 9. NAGAMMA D/O A GOPAL AGED ABOUT 53 YEARS - 16 - NC: 2025:KHC:12006 MFA No. 2985 of 2017 C/W MFA No. 2981 of 2017 MFA No. 2982 of 2017 AND 5 OTHERS 10. RENUKAMMA D/O A GOPAL AGED ABOUT 50 YEARS 11. SUBBAMMA D/O A GOPAL AGED ABOUT 45 YEARS 12. MUNIRATHNA D/O A GOPAL AGED ABOUT 34 YEARS 13. SRIDEVI D/O A GOPAL AGED ABOUT 32 YEARS ALL ARE RESIDING AT NO.814/464 5TH MAIN, 4TH BLOCK IST STAGE, H B R LAYOUT BANGALORE-560 043. ...RESPONDENTS (BY SRI.MOHAMMED NIYAZ S.,ADVOCATE FOR R1 TO R13) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE CPC 1908, AGAINST THE ORDER DATED 06.01.2017 PASSED ON I.A.NO.1 IN O.S.NO.4118/2013 ON THE FILE OF THE I ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY (CCH NO.2), ALLOWING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SEC 151 OF CPC. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR - 17 - NC: 2025:KHC:12006 MFA No. 2985 of 2017 C/W MFA No. 2981 of 2017 MFA No. 2982 of 2017 AND 5 OTHERS ORAL JUDGMENT Learned counsel for the appellants have filed a memo dated 21.03.2025, which reads as under: "The undersigned herein humbly submits on behalf of the appellants that the appellants seek permission to withdraw the appeals abovementioned as not pressed in the interest of justice and equity. This memo may kindly be received and recorded and accordingly ordered in the interest of justice and equity. 2. Memo is taken on record. 3. Accordingly, the appeals are dismissed as not pressed. SD/- (HANCHATE SANJEEVKUMAR) JUDGE AG List No.: 1 Sl No.: 28