- 1 - HC-KAR NC: 2025:KHC:34953 MFA No. 8836 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 8836 OF 2023 (CPC) BETWEEN: 1. SMT N MANJULA D/O LATE P N NARAYANASWAMY, W/O N A RAMESH, AGED ABOUT 50 YEARS, 2. SMT. N MALINI D/O G VIJAY KUMAR AGED ABOUT 47 YEARS, APPELLANTS NO.1 AND 2 ARE R/AT NO. 89, 12TH MAIN ROAD, VIJAYALAKSHMI LAYOUT, PIPE LINE, ABBIGERE VILLAGE, CHIKKABANAVARA POST, YESWANTHPURA HOBLI, BANGALORE - 560 090 3. SMT. N MAMTHA @ PUTTI D/O LATE P NARAYANASWAMY, W/O DEVRAJ AGED ABOUT 45 YEARS, R/AT KANNAMANGALA VILLAGE AND POST, DEVANAHALLI TALUK BANGALORE RURAL DISTRICT …APPELLANTS (BY SRI. SOMASEKHAR NAIDU B., ADVOCATE) Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34953 MFA No. 8836 of 2023 AND: 1. SMT. AMMAYAMMA W/O LATE P NARAYANASWAMY, AGED ABOUT 65 YEARS, 2. SRI. N. JAYAKUMAR S/O LATE P NARAYANASWAMY, AGED ABOUT 45 YEARS, 3. SRI. N VIJAYAKUMAR S/O LATE P NARAYANASWAMY, AGED ABOUT 45 YEARS, ALL R/AT ABBIGERE VILLAGE, CHIKKABANAVARA POST, YESHWANTHPURA HOBLI, BANGALORE NORTH TALUK 4. SRI. S VALAYAUTHAM S/O P SUBRAMANI AGED ABOUT 45 YEARS, R/AT NO.1, 1ST CROSS, S V LAYOUT, BEHIND GOVERNMENT HOSPITAL, ABBIGERE VILLAGE, CHIKKABANAVARA POST, BENGALURU 560 090 5. SRI. PUSHPANATHAN P S/O PONNAN, AGED ABOUT 48 YEARS, R/AT NO. 233, 2nd C CROSS, 1ST MAIN FRIENDS COLONY, ANDHARAHALLI MAIN ROAD, PEENYA 2nd STAGE, BENGALURU 560091 - 3 - HC-KAR NC: 2025:KHC:34953 MFA No. 8836 of 2023 6. SMT. D Y GIRIJAMMA W/O SEENAPPA AGED ABOUT 51 YEARS, R/AT NO. W-382, 3rd SECTOR, HMT COLONY, JALAHALLI BENGALURU - 560 031 7. SRI. L P LAKSHMI RANGANATH, S/O LATE LA PUTTAMMA, AGED ABOUT 53 YEARS, R/AT NO. A-148, 4th SECTOR, HMT POST AND COLONY, BENGALURU - 560 031 8. SRI. V VINOD S/O LATE VENKATESHGOWDA, AGED ABOUT 44 YEARS, R/AT NO. 232, 1st FLOOR, SOMESHWARA LAYOUT, CHIKKABANAVARA POST, ABBIGERE BENGALURU 90 9. SMT. P ANANDNAYAGI W/O GOPAL PILLAI, AGED ABOUT 55 YEARS, R/AT NO. 9, WEST PARK ROAD, ABBIGERE VILLAGE, YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK 10. SRI. P M MADHANSUNDAR S/O LATE MADAVN NAYAR, AGED ABOUT 55 YEARS, - 4 - HC-KAR NC: 2025:KHC:34953 MFA No. 8836 of 2023 R/AT NO.43/1, SREEDEVI NILAYA, BEHIND LCR COMPOUND, 2nd D MAIN ROAD, YESHWANTHAPURA BENGLAURU - 560 022 11. SMT. U CHETHANA W/O S PRAKASH BABU, AGED ABOUT 38 YEARS, R/AT NO. 382 MALTHESH NILAYA, 7TH NO. 382, 7TH CROSS, 2ND MAIN MUTHYALANAGAR, MEX RING ROAD, GOKULA POST, BENGALURU 560054 12. SRI. SHASHIKUMAR S/O BABU AGED ABOUT 22 YEARS, R/AT NO. 13, WEST PARK ROAD, ABBIGERE VILLAGE, YESHWANTHPURA HOBLI, BENGLAURU NORTH TALUK BENGALURU 560090 13. SRI. M VENKATESH S/O LATE B MUNISWAMY NAIDU AGED ABOUT 44 YEARS, R/AT BALAJI NIALYA , BHAUBALI NAGAR, BEHIND HIGH SCHOOL JALAHALLI POST, JALAHALLI BENGALURU 13 - 5 - HC-KAR NC: 2025:KHC:34953 MFA No. 8836 of 2023 14. SRI D M RAJA S/O B MUNISWAMY NAIDU AGED ABOUT 50 YEARS R/AT BALAJI NILAYA BAHUBALINAGAR BEHIND HIGH SCHOOL JALAHALLI POST JALAHALLI BENGALURU - 13 15. SRI N SURESH S/O LATE N G NAGAPPA AGEDABOTU 48 YEARS R.AT NO 2086, 18TH B CROSS MIG 2RD STAGE YELAHANKA NEW TOWN BENGALURU 54 16. SRI SANDEEP KUMAR S/O G NAGESHWAR RAO AGED ABOUT 32 YEARS R/AT NO 678/A, 17TH MAIN ROAD MANJUANTHA NAGAR BENGALURU - 10 17. SRI R VENKATESH S/O RAMAKRISHNA AGED ABOUT 39 YEARS R/AT NO 24 MILK MAN STREET HALSOOR BENGALURU - 08 18. SMT D M BINDU D/O D MUNISWAMY NAIDU AGED ABOUT 33 YEARS R/AT BALAJI NILAYA BAHUBALINAGAR BEHIND HIGH SCHOOL - 6 - HC-KAR NC: 2025:KHC:34953 MFA No. 8836 of 2023 JALAHALLI POST JALHALLI BENGALURU - 13 19. SMT JAYAMMA W/O KRISHNA AGED ABOUT 73 YEARS R/AT NO 11, CORPORATION QUARTERS BIRLINE STREET CROSS SHANTHI NAGAR BENGALURU - 27 20. SRI D S GANGARAJU S/O NOT KNOWN AGED ABOUT 45 YEARS C/O RAGHAVENDRASWAMY MATA IN BETWEEN 10TH AND 11TH MAIN JAYANAGARA 8TH BLOCK INNER RING ROAD BENGLUARU 21. SMT NANJAMMA W/O SRI HUCHAPPA AGED ABOUT 55 YEARS R/AT BYRAVESHWAR NILAYA LAKSHMIPURA VILLAGE VIDAYARANYAPURA POST YESHWANTHAPURA HOBLI BENGALURU NORTH TALUK BANGALORE - 560 090 22. SMT GAYATHRI SATHISH W/O N SATHISH AGED ABOUT 35 YEARS R/AT NO 434, 6TH CROSS - 7 - HC-KAR NC: 2025:KHC:34953 MFA No. 8836 of 2023 1ST MAIN ROAD YESHWANTHPURA BENGALURU - 22 23. SMT MANJULA W/O NARAYANASWAMY AGED ABOUT 34 YEARS R/AT ABBIGERE VILLAGE CHIKKABANAVARA POST YESHWANTHAPURA HOBLI BANGALORE NORTH TALUK 24. SRI K VENUGOPAL S/O NOT KNOWN AGED ABOUT 55 YEARS R/AT NO 27, WEST PARK ROAD ABBIGERE VILLAGE YESHWANTHAPURA HOBLI BENGALURU NORT TALUK BENGLAURU - 560090 25. SHIVALINGAMMA W/O RACHAPPA AGED ABOUT 66 YEARS R/AT NO 15/9, GUNDAMMA NILAYA 6TH MAIN ROAD, 6TH CROSS MOHAN KUMAR NAGAR YESHWANTHAPURA BENGALURU - 560 022 26. R MADUSUDAN S/O K RAMAPPA AGED ABOUT 41 YEARS R/AT NO 177, W-TYPE COLONY 3RD SECTOR HMT COLONY BANGALORE - 5600031 - 8 - HC-KAR NC: 2025:KHC:34953 MFA No. 8836 of 2023 27. MR M VASUDEVAN S/O LATE MUTHU AGED ABOUT 51 YEARS R/AT NO.30, SOMESHWARANAGR YEWSHWANTHAPURA BENGALURU- 560022 28. SMT ARUNA W/O ANAND BABU AGED ABOUT 47 YEARS R/AT NO 554, 1ST D CROSS 3RD MAIN ROAD MATHIKERE BENGALURU - 54 29. SRI G K KRISHNAPPA S/O LATE GANGAPPA AGED ABOUT 59 YEARS R/AT NO 1085/2 5TH CROSS TRIVENI ROAD YESHWANTHAPURA BENGALURU - 22 30. SRI NARASIMHAMURTHY S/O LATE ANJINAPPA AGED ABOUT 46 YEARS R/AT NO 39, 1ST D MAIN MATHRU NILAYA 15TH CROSS B K NAGAR YESHWANTHAPURA BENGALURU - 22 31. SRI UMAPATHI S/O NOT KNOWN AGED ABOUT 62 YEARS R.AT NO 37,WEST PARK ROAD ABBIGERE VILLAGE YESHWANTHAPURA HOBLI - 9 - HC-KAR NC: 2025:KHC:34953 MFA No. 8836 of 2023 BENGALURU NORTH TALUK BENGALURU - 560090 32. SRI N VENKATESH S/O NANJAPPA AGED ABOUT 54 YARS R/AT SADEHALLI VILLAGE ARADESHAHALLI POST HESSARAGHATTA HOBLI BENGALURU NORTH TALUK BENGALURU 33. SMT K SHYLASHREE D/O N KRISHNAPPA, AGED ABOUT 40 YEARS, R/AT NO. 180, 7TH MAIN ROAD, MATHIKERE EXTENSION, MATHIKERE, BENGALURU - 54. 34. SMT HEMALATHA W/O RAMACHANDRAPPA,D AGED ABOUT YEARS, R/AT NO. 44, 4TH CROSS, RAMAKRISHNAPPA LAYOUT, GEDDERAHALLI R M V, 2ND STAGE, BENGALURU 94. 35. SMT PUSHPAVATHAMMA W/O SRINIVAS, AGED ABOUT 48 YEARS, R/AT DODDASHIVARA VILLAGE, DODDAKADATHRU POST, MALUR TALUK, KOLAR DISTRICT. - 10 - HC-KAR NC: 2025:KHC:34953 MFA No. 8836 of 2023 36. SMT DHANALAKSHMI W/O K RAJAN, AGED ABOUT YEARS, R/AT NO. 55, DHANALAKSHMI NILAYA, 9TH MAIN, KALANAGAR, K G HALLI, JALAHALLI WEST, BANGALORE - 560 015. 37. SMT MANGALAMMA W/O RAMU, AGED ABOUT 50 YEARS, R/AT NO. 45 AND 46, WEST PARK ROAD, ABBIGERE VILLAGE, YESHWANTHAPURA HOBLI, BENGALURU NORTH TALUK, BENGLAURU - 560 090 38. SRI M GOVINDASWAMY S/O M B BEERANJI, AGED ABOUT 38 YEARS, R/AT NO. 10, SUBBAIAH NILAYA, 11TH CROSS, KALANAGAR, KAMMAGONDANAHALLI, JALAHALLI WEST, BENGALURU - 560 015. 39. SRI N SHIVAKUMAR S/O N NARYANASWAMY, AGED ABOUT 47 YEARS, NO. 249, 2ND MAIN ROAD, SHARADAMBANAGAR, JALAHALLI, BENGALURU - 560 013. - 11 - HC-KAR NC: 2025:KHC:34953 MFA No. 8836 of 2023 40. SMT K SHIVALAKSHMI W/O SRINIVASARAO, AGED ABOUT 43 YEARS, R/AT NO. 152, 5TH CROSS, SUNDRNAGAR, GOKUL, BANGALORE 54. 41. SRI V SRINIVAS S/O VENKATESH, AGED ABOUT 31 YEARS, NO. 126, NEAR GOVERNMENT SCHOOL, SOMASHETTIHALLI, BENGALURU - 560 090 …RESPONDENTS (BY SRI. T.H. NARAYANA, ADVOCATE) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 21.09.2023 PASSED ON I.A.NO.60 IN OS.NO.1422/2016 ON THE FILE OF THE LXVI ADDITIONAL CC AND SJ BENGALURU DISMISSING THE IA.NO.60 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR - 12 - HC-KAR NC: 2025:KHC:34953 MFA No. 8836 of 2023 ORAL JUDGMENT Learned counsel for the appellants is absent. 2. On 25.03.2025, peremptory order was passed granting two weeks time finally for compliance of office objections. 3. As per the office note, the office objections are not complied with. Hence, the appeal is dismissed for default. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE KA List No.: 1 Sl No.: 25 CT-SG