SRI VENKATARAYAPPA vs SRI M OBANNA

Court
Karnataka High Court

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HC-KAR
NC: 2026:KHC:59150
MFA No. 5120 of 2022


CNR: KAHC010324152022





IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 15 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

MISCELLANEOUS FIRST APPEAL NO.5120 OF 2022 (CPC)

BETWEEN:

SRI VENKATARAYAPPA
S/O MUNIYAPPA
AGED ABOUT 81 YEARS,
R/O K E B ROAD
SIDLAGHATTA TOWN-562105
…APPELLANT
(BY SRI.DILLI RAJAN, ADV. FOR SRI. SUBBA REDDY K
N.,ADVOCATES)












AND:

1. SRI M OBANNA
S/O O MUNIYAPPA
AGED ABOUT 62 YEARS
R/AT K E B ROAD
SIDLAGHATTA TOWN-562 105

2.
SRI NAGARAJA
S/O LATE SMT NARAYANAMMA
AGED ABOUT 58 YEARS

3. SRI.GOPALA KRISHNA
S/O LATE SMT NARAYANAMMA
AGED ABOUT 56 YEARS

4. SMT.YASHODAMMA
D/O LATE SMT NARAYANAMMA
AGED ABOUT 55 YEARS
ALL ARE R/AT GAMBEERABAHALLI VILLAGE
JANGAMAKOTE HOBLI
SIDDLAGHATTA TALUK - 562 105




SIGN

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5. SMT.DODDA OBAMMA
W/O O THIMMAIAH
AGED ABOUT 75 YEARS
R/A T B ROAD
SIDLAGHATTA TOWN-562 105

6. SMT.CHIKKA OBAMMA
W/O V BYYANNA HINDU
AGED ABOUT 70 YEARS
R/A GAMBEERANAHALLI VILLAGE
JANGAMAKOTE HOBLI
SIDLAGHATTA TALUK-562 105

7. SRI V KRISHNAM RAJU
S/O VENKATARAJU
AGED ABOUT 73 YEARS
R/AT D.NO.2662
GANDHINAGAR
BANGARPETE TOWN
KOLAR DISTRICT-563 114

8. SMT.PRABHAVATHI
D/O RAMESH RAJU
AGED A BOUT 45 YEARS
R/AT FORT, SIDLAGHATTA TOWN-562 105

9. SMT K SATHYAVATHI
D/O KRISHNAM RAJU
AGED ABOUT 50 YEARS
R/AT FORT, SIDLAGHATTA TOWN-562 105

10. SMT SHANTHAMMA
W/O KRISHNAM RAJU
AGED ABOUT 60 YEARS
R/AT FORT, SIDLAGHATTA TOWN-562 105

11. SMT GULABJAN
W/O CHAND PASHA
AGED ABOUT 60 YEARS
R/AT JANGAMAKOTE VILLAGE AND POST
SIDLAGHATTA TOWN-562 105

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12. SMT NOOR JAN
W/O IMTIYAZ PASHA
AGED ABOUT 67 YEARS
R/AT 2ND KURUBARAPETE
SIDLAGHATTA TOWN-562 105

13. SMT TASEEN
W/O MAHABOOB PASHA
AGED ABOUT 60 YEARS
R/AT MAHABOOB NAGAR
SIDLAGHATTA TOWN-562 105

14.
SMT GORI(BABY)
W/O BABAJAN
AGED ABOUT 50 YEARS
R/AT MAHABHOOB NAGAR
NALLIMARADAHALLI
SIDLAGHATTA TOWN-562 105

15. SRI SARDAR
S/O KHASIM SABI
AGED ABOUT 38 YEARS
R/AT MAHABHOOB NAGAR
NALLIMARADAHALLI
SIDLAGHATTA TOWN-562 105

16. SRI SARDAR
S/O MAHABOOB SABI
AGED ABOUT 34 YEARS

17. SMT SHAMSHUNNISSA
W/O ABDUL KHUDDUS
AGED ABOUT 40 YEARS

18.
SRI NAZEER AHAMED
S/O SATTAR SABI
AGED ABOUT 55 YEARS

19. SMT HASEENA BEGUM
W/O SHARIFF AHAMED
AGED ABOUT 56 YEARS

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20. SRI RAFIQ
S/O BHASHEER KHAN
AGED ABOUT 48 YEARS

21. SRI SHAIK MUQTHIYAR
S/O BABJANSAB
AGED ABOUT 55 YEARS

22. SRI PEER PASHA
AGED ABOUT 55 YEARS

23. SRI CHANPASHA
S/O RAHIMSAB
AGED ABOUT 45 YEARS

24. SRI ATTAULLA
S/O SYED AMEER HUSSAIN
AGED ABOUT 50 YEARS

25. SRI B CHAND PASHA
S/O SHARIFF AHAMED
AGED ABOUT 40 YEARS

26. SRI BABAJAN
S/O DASTAGIR SAB
AGED ABOUT 42 YEARS

27.
SRI SARDAR SAB
S/O NOT KNOWN
AGED ABOUT 50 YEARS

28. SMT SALLIMABEE
W/O ABDUL JABBAR SAB
AGED ABOUT 60 YEARS

RESPONDENTS 16 TO 28 ARE
R/AT MAHABOOB NAGAR
SIDLAGHATTA TOWN-562 105

29. SRI RIYAZULLA
S/O PYLAVAN BABJAN SAB
AGED ABOUT 50 YEARS

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30. SRI SYED HAFEEZ PASHA
S/O SYED DASTAGIR SAB
AGED ABOUT 40 YEARS

RESPONDENTS 29 AND 30 ARE
R/AT FORT
SIDLAGHATTA TOWN-562 105

31. SRI VENKATA REDDY
S/O MUNIYAPPA
AGED ABOUT 55 YEARS

32.
SMT VENKATALAKSHMAMMA
W/O VENKATAREDDY
AGED ABOUT 50 YEARS

BOTH ARE R/AT VARDANAYAKANAHALLI VILLAGE
KASABA HOBLI
SIDLAGHATTA TALUK-562 105

33. SMT SABEEN TAJ
W/O CHAND BEIG
AGED ABOUT 45 YEARS

34. SMT HASEENA BEE
W/O BAKASH KHAN
AGED ABOUT 50 YEARS
BOTH ARE R/AT MAHABOOB NAGAR
SIDLAGHATTA TOWN-562 105

35. SRI PIRU SAB
S/O ABDUL JABBAR
AGED ABOUT 45 YEARS

36. KHADAR PASHA
S/O ABDUL JABBAR
AGED ABOUT 42 YEARS

37.
MUNIR PASHA
S/O ABDUL JABBAR
AGED ABOUT 45 YEARS

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MFA No. 5120 of 2022


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38. PEER PASHA
S/O ABDUL JABBAR
AGED ABOUT 35 YEARS

39. TAJ PASHA
S/O ABDUL JABBAR
AGED ABOUT 32 YEARS

40.
MUBARAK PASHA
S/O ABDUL JABBAR
AGED ABOUT 40 YEARS

41. FAZAL PASHA
S/O ABDUL JABBAR
AGED ABOUT 30 YEARS

RESPONDENTS 35 TO 41 ARE
R/AT MEHABOOB NAGAR
SIDDLAGHATTA TOWN-562105

…RESPONDENTS
(BY SRI.SARAVANA S .,ADVOCATE FOR C/R-1;
NOTICE TO R-7 TO R-41 IS DISPENSED WITH V.O.D
27.07.2022)


THIS MFA IS FILED UNDER ORDER 43 RULE 1 OF CPC,
AGAINST THE ORDER DATED 12.04.2022 PASSED ON I.A. NO.
2 IN R.A.NO. 98/2018 ON THE FILE OF THE II ADDITIONAL
DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA,
SITTING AT CHINTAMANI, ALLOWING I.A. NO.2 FILED
UNDER ORDER 39 RULE 1 AND 2 OF CPC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

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MFA No. 5120 of 2022


CNR: KAHC010324152022



ORAL JUDGMENT

Learned counsel for appellant as well as learned counsel
for respondents are present. They submit that the Regular
Appeal before the District Court has been disposed of. Hence,
the present appeal would not survive for consideration.
2. Accordingly, the present appeal is dismissed as
having become infructuous.
3. In view of dismissal of the appeal, pending
interlocutory applications, if any would not survive for
consideration and the same pale into insignificance.


Sd/-
(PRADEEP SINGH YERUR)
JUDGE
GSS
List No.: 1 Sl No.: 12