Karnataka High Court
Ramakrishna @ vs H P Ramaiah on 10 December, 2021
Bench: Dr.H.B.Prabhakara Sastry
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
R.F.A.No.1663 OF 2016
BETWEEN:
1. RAMAKRISHNA @
RAMAKRISHNAIAH,
SON OF LATE VENKATARAMAIAH
AND JAYAMMA,
AGED ABOUT 63 YEARS,
RESIDING AT NO.19,
4TH MAIN ROAD,
AGRAHARA DASARAHALLI,
MAGADI ROAD,
BENGALURU 560079
PRESENTLY RESIDING AT
NO.1108, 3RD MAIN ROAD,
E BLOCK, SUBRAMANYA NAGAR,
RAJAJI NAGAR 2ND STAGE,
BENGALURU -560010
2. THIMME GOWDA
SON OF LATE VENKATARAMAIAH
AND JAYAMMA,
AGED ABOUT 60 YEARS,
RESIDING AT HANUMANTHEGOWDANA PALYA
THYAMAGONDALU HOBLI,
KADALAGHATTA POST- 562132
NELAMANGALA TALUK,
BENGALURU RURAL DISTRICT.
3. SHIVANNA @ SHIVASHANKAR
SON OF LATE VENKATARAMAIAH
R.F.A.No.1663/2016
2
AND JAYAMMA
AGED ABOUT 54 YEARS,
RESIDING AT HANUMANTHEGOWDANA
PALYA, THYAMAGONDALU HOBLI,
KADALAGHATTA POST- 562 132
NELAMANGALA TALUK,
BENGALURU RURAL DISTRICT.
4. NARAYANA
SON OF LATE VENKATARAMAIAH
AND JAYAMMA
AGED ABOUT 50 YEARS,
RESIDING AT HANUMANTHEGOWDANA
PALYA THYAMAGONDALU HOBLI,
KADALAGHATTA POST -562132
NELAMANGALA TALUK,
BENGALURU RURAL DISTRICT.
5. V RATHNAMMA
DAUGHTER OF LATE VENKATARAMAIAH
AND JAYAMMA,
WIFE OF PAPEGOWDA,
AGED ABOUT 46 YEARS,
R/AT HULLENAHALLI VILLAGE,
THIPPASANDRA HOBLI AND POST,
MAGADI TALUK. ...APPELLANTS
(BY SRI HARSHA H M., & SRI.T.N.GOPALA GOWDA, ADVOCATES)
AND:
H P RAMAIAH
SINCE DECEAED BY HIS LEGAL
REPRESENTATIVES
1.SMT RATHNAMMA
WIFE OF LATE H P RAMAIAH,
AGED ABOUT 65 YEARS,
RESIDING AT HEGGADEDEVANAPURA VILLAGE,
ALUR POST, DASANAPURA HOBLI,
R.F.A.No.1663/2016
3
BENGALURU NORTH TALUK- 562 123
2 . SMT. ANNAPURNA
WIFE OF G S RANGANATH
DAUGHTER OF LATE H P RAMAIAH,
AGED ABOUT 38 YEARS,
RESIDING AT NO.127, 3RD CROSS,
NEAR OLD CHECKPOST, VIDYANAGAR,
T DASARAHALLI
BENGALURU - 560 057
3 . SRI H R UMESH
SON OF LATE H P RAMAIAH,
AGED ABOUT 32 YEARS,
RESIDING AT HEGGADEDEVANAPURA VILLAGE,
ALUR POST, DASANAPURA HOBLI,
BENGALURU NORTH TALUK - 562 123
4 . SMT. H R HEMAVATHI
DAUGHTER OF LATE H P RAMAIAH,
AGED ABOUT 30 YEARS,
RESIDING AT CHANNANAYAKANAPALYA VILLAGE
NAGASANDRA POST,
BENGALURU -560 073
5 . SMT. H R ASHA
DAUGHTER OF LATE H P RAMAIAH,
AGED ABOUT 28 YEARS,
RESIDING AT HEGGADEDEVANAPURA VILLAGE,
ALUR POST, DASANAPURA HOBLI,
BENGALURU NORTH TALUK -562 123
6 . SRI H R KANTHARAJU
SON OF LATE H P RAMAIAH,
AGED ABOUT 25 YEARS,
RESIDING AT HEGGADEDEVANAPURA VILLAGE,
ALUR POST, DASANAPURA HOBLI,
BENGALURU NORTH TALUK- 562 123
R.F.A.No.1663/2016
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7 . P CHIKKABYRAPPA
SON OF LATE PUTTABYRAPPA,
SINCE DEAD BY HIS LEGAL REPRESENTATIVES
SMT JAYAMMA
WIFE OF P CHIKKABYRAPPA,
AGED ABOUT 65 YEARS,
RESIDING AT HEGGADADEVANAPURA VILLAGE,
ALUR POST, DASANAPURA HOBLI,
BENGALURU NORTH TALUK - 562 123.
8 . H G SIDDAPPA
SON OF LATE PUTTABYRAPPA
AGED ABOUT 75 YEARS,
RESIDING AT HEGGADADEVANAPURA VILLAGE,
ALUR POST, DASANAPURA HOBLI,
BENGALURU NORTH TALUK - 562 123
9 . PATEL H V RAMAIAH
SON OF LATE VEERABYRAPPA,
AGED ABOUT 75 YEARS,
RESIDING AT HEGGADADEVANAPURA VILLAGE,
ALUR POST, DASANAPURA HOBLI,
BENGALURU NORTH TALUK - 562 123
10 . SMT. SIDDAGANGAMMA
AGED ABOUT 45 YEARS,
RESIDING AT BLOCK NO.11,
NAGARAYOJANA DAKALE
SOMESHWARAPURA, SETTALLI ROAD,
TUMKUR -572102
11 . SMT. KEMPARAJAMMA
WIFE OF SEETHARAMAIAH,
AGED ABOUT 40 YEARS,
R/AT HEGGADADEVANAPURA VILLAGE,
ALUR POST, DASANAPURA HOBLI,
BENGALURU NORTH TALUK -562123
R.F.A.No.1663/2016
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12 . SMT. ANUSUYAMMA
AGED ABOUT 40 YEARS,
R/AT NO.19, 14TH MAIN ROAD
AGRAHARA DASARAHALLI,
MAGADI ROAD,
BENGALURU 560023
13 . SMT. LALITHAMMA
WIFE OF THIMMEGOWDA,
AGED ABOUT 38 YEARS,
R/AT NO.727, R S HIGH SCHOOL
OPPOSITE TO MADIWALA,
MADIWALA NEW EXTENSION,
BENGALURU- 560068
14 . M/s. VIGNESHWARA TRADERS
REPRESENTED BY ITS MANAGER
GANAPATHI RAO
AGED ABOUT 55 YEARS,
NO.2, JYOTHINIVASA
KUMARA KRUPA LAYOUT,
BENGALURU -560001
15 . SRI H C BYREGOWDA
SON OF LATE CHIKKABYRAPPA
AGED ABOUT 35 YEARS,
RESIDING AT HEGGADEDEVANAPURA VILLAGE,
ALUR POST, DASANAPURA HOBLI,
BENGALURU NORTH TALUK- 562123
16 . SRI H C PUTTASWAMYGOWDA
SON OF LATE CHIKKABYRAPPA
AGED ABOUT 32 YEARS,
RESIDING AT HEGGADEDEVANAPURA VILLAGE,
ALUR POST, DASANAPURA HOBLI,
BENGALURU NORTH TALUK- 562123
17 . SMT. BHAGYALAKSHMI
DAUGHTER OF LATE CHIKKABYRAPPA
R.F.A.No.1663/2016
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WIFE OF GOPALAIAH
AGED ABOUT 38 YEARS,
VETERINARY DOCTOR,
KARNATAKA MILK FEDERATION,
DEVENAHALLI -562110
BANGALORE RURAL DISTRICT
18 . SMT. H C SARASWATHAMMA
DAUGHTER OF LATE CHIKKABYRAPPA,
AGED ABOUT 36 YEARS,
RESIDING NEAR STADIUM
KUVEMPUNAGAR,
TUMKUR 572103
19 . SMT. USHA
WIFE OF NARASIMHAMURTHY
DAUGHTER OF LATE CHIKKABYRAPPA,
AGED ABOUT 34 YEARS,
RESIDING NEAR STADIUM
KUVEMPUNAGAR,
TUMKUR 572103
20 . SMT. H C SHOBHA
DAUGHTER OF LATE CHIKKABYRAPPA
AGED ABOUT 25 YEARS,
RESIDING AT HEGGADEDEVANAPURA VILLAGE,
ALUR POST, DASANAPURA HOBLI -562123
BENGALURU NORTH TALUK
21 . SRI. THIMMAPPA
SON OF RAMAIAH
AGED ABOUT 45 YEARS,
RESIDING AT HEGGADEDEVANAPURA VILLAGE,
DASANAPURA HOBLI, ALUR POST- 562123
BENGALURU NORTH TALUK
22 . SRI RAMAIAH
SON OF CHIKKAHANUMAIAH
AGED ABOUT 55 YEARS,
R.F.A.No.1663/2016
7
RESIDING AT HEGGADEDEVANAPURA VILLAGE,
ALUR POST, DASANAPURA HOBLI- 562123
BENGALURU NORTH TALUK ..RESPONDENTS
THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 18.04.2016 PASSED IN
OS.NO.127/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE,
NELAMANGALA, DISMISSING THE SUIT FOR PARTITION AND
SEPARATE POSSESSION AND MESNE PROFITS.
This R.F.A. coming on for Orders, through Physical
Hearing/Video Conferencing Hearing, this day, the Court made
the following:
ORDER
None appear for the parties either physically or through
video conference. No reasons are forthcoming for their non-
appearance.
A perusal of the order sheet would go to show that, inspite
of granting sufficient opportunities, the learned counsel for
appellants has neither appeared nor made submissions in
response to the office objection raised on maintainability.
As long back as on 25.09.2018, this court observed that in
case, the learned counsel for the appellants does not turn up, the
court would pass appropriate orders on the next date of hearing.
Thereafter, the matter came up on two more hearing dates
during further three years, then also, the appellants remained absent.
R.F.A.No.1663/2016
As such, office objection regarding maintainability has to be
accepted. Accordingly, appeal stands returned to the appellants
to present the same before the appropriate court having
pecuniary jurisdiction within three weeks from today.
Sd/-
JUDGE
SBN
