Sri Vinod Kumar vs Radhabai
2021 Latest Caselaw 5332 Kant

                            1


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 2ND DAY OF DECEMBER, 2021

                         BEFORE

     THE HON'BLE MR. JUSTICE N.K. SUDHINDRARAO

                  R.F.A.NO. 1458/2012

BETWEEN:


1.     SRI. VINOD KUMAR
       S/O. LATE M. KUMARASWAMY
       AGE 25 YEARS
       R/A. NO.237/C, 2ND BLOCK,
       RAJAJINAGAR, BANGALORE.

2.     SMT. MUNIYAMMA
       W/O. LATE CHINNAIAH
       D/O. LATE MUNISWAMY
       AGE 64 YEARS
       R/A. NO.238/A, 9TH MAIN,
       2ND CROSS, MATHIKERE,
       BANGALORE-560 064.

3.     SMT. VASANTHI
       W/O. K.N. SHANMUGAN
       G/D OF LATE MUNISWAMY
       AGE 50 YEARS
       R/A. NO.149, 10TH MAIN,
       4TH BLOCK, NEAR RING ROAD,
       NANDINI LAYOUT,
       BANGALORE.
                           2


4.     SMT. SHEELA .B
       W/O. RAMAKRISHNA .R
       G/D OF LATE MUNISWAMY
       AGE 33 YEARS.

5.     SMT. KOKILA .B
       W/O. NARAYAN .C
       G/D OF LATE MUNISWAMY
       AGE 39 YEARS
       R/A. NO.165, 3RD MAIN,
       8TH CROSS, J.S. NAGAR,
       SARASWATHIPURAM
       NANDINI LAYOUT,
       BANGALORE.

6.     SMT. JAYALAKSHMI .B
       W/O. M.P. SHIVARAM
       G/D OF LATE MUNISWAMY
       AGE 35 YEARS
       R/A. NO.9, 7TH MAIN,
       NANDINI LAYOUT,
       BANGALORE.                   ...APPELLANTS
(BY SRI. R.A. DEVANAND, ADVOCATE)

AND:

1.     RADHABAI
       W/O. LATE M. SAMPANGI
       AGE 65 YEARS.

2.     DURGA NANDINI
       W/O. LATE S.PURUSHOTHAMAN
       AGE 28 YEARS.

3.     MASTER S.P. DINIP
       S/O. LATE S.PURUSHOTHAMAN
       AGE 12 YEARS
       SINCE MINOR REPRESENTED BY MOTHER
       AND N/G. SMT. DURGA NANDINI.
                          3


     ALL ARE R/A. NO.6/13,
     BETTAPPA GARDEN
     Y.G.PALYAM, BANGALORE-560 047.

4.   SRI. M. KUMARASWAMY
     S/O. LATE MUNISWAMY
     SINCE DEAD BY LEGAL HEIRS

4(a). SMT. SAROJAMMA
      W/O. LATE M.KUMARASWAMY
      AGE 56 YEARS.

4(b). SRI. K. ARUN KUMAR
      S/O. LATE M. KUMARASWAMY
      AGE 35 YEARS.

4(c). SRI. K. CHANDRASHEKAR
      S/O. LATE M. KUMARASWAMY
      AGE 34 YEARS

     ALL ARE R/A NO.14, 2ND CROSS,
     OPP RAMAIAH HOSPITAL,
     80 FEET ROAD, SANJAY NAGAR,
     BANGALORE-560 094.

5.   P. PONNUSWAMY
     S/O. LATE MUNISWAMY
     AGE 67 YEARS
     C/O. ANKKU GOWDA
     RAMADEWARA BETTADA ROAD
     VIJAYANAGAR, RAMNAGAR
     BANGALORE DISTRICT.

6.   SRI. MOHAN .B
     S/O. LATE BHASKAR
     G/S OF LATE MUNISWAMY
     AGE 45 YEARS.
                              4



7.   SRI. C. CHANDRA
     W/O. R. ATHMALINGAM
     D/O. LATE SAMPANGI
     AGE 57 YEARS
     R/A. APPU NIVAS
     #33, 27TH MAIN, 3RD CROSS,
     VGS LAYOUT, EJIPURA,
     BANGALORE-560 047.

8.   SMT. KOMALA
     W/O. LATE JANARDAN
     D/O. LATE SAMPANGI
     AGE 55 YEARS
     R/A. # 328, 4TH D CROSS
     3RD BLOCK, HRBR LAYOUT,
     BANGALORE-560 045.

9.   SMT. VASANTHA
     W/O. SUNDARMURTHY
     AGE 53 YEARS
     R/A. # 509, 6TH MAIN,
     BDA 'A' TYPE, DOMLUR
     BANGALORE-560 071.            .....RESPONDENTS
(BY SRI. A. RAMMOHAN, ADVOCATE FOR R-1 TO R-3,
    SRI. M.J. ALVA, ADVOCATE FOR R-7 TO R-9)

     THIS R.F.A. IS FILED U/S 96 OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 02.06.2012 PASSED IN
O.S.NO.8605/2003 ON THE FILE OF THE XLIII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BANGALORE, PARTLY DECREEING PARTLY DISMISSING
THE SUIT FOR PARTITION.

     THIS R.F.A. COMING ON FOR ORDERS THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
                           5


                      JUDGMENT

The learned counsel for the appellant filed a

memo dated 24.11.2021 which reads as under :-

"The purport and intent of filing this memo is to seek the leave of the Hon'ble Court to dismiss the above appeal as the appellant is not desirous of prosecuting the above appeal and hence, appeal may be dismissed as not pressed, to meet the ends of justice."

Memo is placed on record.

Appeal is dismissed as withdrawn as not

pressed.

Sd/-

JUDGE

hd