Sri A A Kalaiah vs Smt Amie Muthanna
2021 Latest Caselaw 6037 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 13TH DAY OF DECEMBER, 2021

                            PRESENT

       THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR

                               AND
        THE HON'BLE MR. JUSTICE P. KRISHNA BHAT

         REGULAR FIRST APPEAL NO.1154 OF 2014 (PAR)

BETWEEN :
SRI. A.A. KALAIAH
S/O LATE A.K. YATHIRAJ
AGED ABOUT 37 YEARS
RESIDING AT TEACHER'S STAFF COLONY
NEAR JSS HIGH SCHOOL
KANAKAPURA ROAD
BANGALORE-560 062                                ...APPELLANT

(BY SHRI. MANU KULKARNI , ADVOCATE - [ABSENT])

AND :
1.     SMT. AMIE MUTHANNA
       D/O AJJAMADA LATE KALAIAH
       W/O K.B. MUTHANNA
       AGED ABOUT 86 YEARS
       RESIDING AT NO.A34
       BUILDERS APARTMENT
       AIRPORT ROAD
       BANGALORE-560 017

2.     SMT. K. GANGU JOYAPPA
       D/O AJJAMADA LATE KALAIAH
       W/O K.M. JOYAPPA
       AGED ABOUT 77 YEARS
       JOYLAND ESTATE
       B.BANANGALA, SIDDAPUR
       VIRAJPET TALUK-571 253
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3.   SMT. A. ACCAVVA AIYAPPA
     D/O AJJAMADA LATE KALAIAH
     W/O A.P. AIYAPPA
     AGED ABOUT 76 YEARS
     NITTOR VILLAGE, BALELE POST
     VIRAJPET TALUK
     KODAGU DISTRICT-571 219
4.   M/S KODAGU FINANCE
     CORPORATION (R)
     KUSHALNAGAR TOWN
     SOMWARPET TALUK-571 234
     REPRESENTED BY ITS
     MANAGING DIRECTOR                            ...RESPONDENTS

      THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT
AND DECREE DATED 11.10.2013 PASSED IN O.S.NO.54/2007 ON THE FILE
OF THE SENIOR CIVIL JUDGE, MADIKERI, DECREEING THE SUIT FOR
PARTITION AND SEPARATE POSSESSION.

       THIS RFA COMING ON FOR ORDERS THIS DAY, P.S. DINESH KUMAR
J, DELIVERED THE FOLLOWING:-
                          JUDGMENT

This appeal is of the year 2014. Office has raised

objection for not arraying original defendants No.2 & 3 as parties

to the appeal. Till today, office objections have not been

complied. None appears for the appellant. In the circumstance,

appeal is dismissed for non-prosecution.

No costs.

Sd/-

JUDGE

Sd/-

JUDGE Yn