Smt. Maina Bai vs Smt. Chandralatha
2021 Latest Caselaw 7173 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 23RD DAY OF DECEMBER, 2021

                                  BEFORE

                THE HON'BLE MR. JUSTICE R.NATARAJ

                       H.R.R.P.NO.225 OF 2010
BETWEEN:
1.       SMT.MAINA BAI,
         SINCE DEAD BY HER LRS.,

1(a)     H.UDAIRAJ,
         S/O LATE HIRALAL,
         AGED 85 YEARS,
         PETITIONER NO.2 IN THE ABOVE PETITION
         DEAD

1(b)     U.GAUTHAM,
         S/O UDAIRAJ,
         AGED 56 YEARS,
         SINCE DEAD BY LRS
         1(b)(i)     CHANDRAKANTHA
                     W/O U. GAUTHAM
                     AGED 57 YEARS

         1(b)(ii)    ASHA PAREKH
                     D/O U. GAUTHAM
                     AGED 40 YEARS

         1(b)(iii)   ANJANA
                     D/O U. GAUTHAM
                     AGED 37 YEARS

         1(b)(iv) VANDANA
                  D/O U. GAUTHAM
                  AGED 34 YEARS

         1(b)(v)     DEEPAK
                     S/O U. GAUTHAM
                     AGED 32 YEARS




       Page No.1 is retyped and replaced vide
       Court Order dated 04.03.2022
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                 ALL ARE RESIDING AT NO.41,
                 CENTRAL STREET,
                 BENGALURU-560001.

1(c)   U.SUBHASRAJ,
       S/O UDAIRAJ,
       AGED 52 YEARS,

1(d)   U.PREMCHAND,
       S/O UDAIRAJ,
       AGED 48 YEARS,
       DEAD

       1(a) TO 1(d) ARE NO.41,
       CENTRAL STREET,
       BANGALORE - 560 001.

1(e)   SMT.LEELA,
       W/O DR. S.BIKKAMCHAND,
       AGED ABOUT 55 YEARS,
       R/O NO.5, RUKMINI COLONY,
       A.M.ROAD CROSS,
       BANGALORE - 560 042.

1(f)   SMT.NIRMALA,
       W/O ASHOKCHAND LUNIYA,
       AGED ABOUT 50 YEARS,
       NO.63, HARWICK COTTAGE,
       UPPER BAZAAR,
       OOTACAMUND - 643 001,
       TAMILNADU.

1(g)   SMT.SHOBA,
       W/O DR.JITENDER KUMAR,
       AGED ABOUT 46 YEARS,
       NO.17, THAMBUCHETTY ROAD,
       COT TOWN,
       BANGALORE - 560 005.

1(h)   SMT. PREMILA,
       W/O CHANDMAL KHATOD,
       AGED ABOUT 42 YEARS,
       III FLOOR, ARIHANT APARTMENTS,
       SHIVAN CHETTY GARDENS,
       BANGALORE - 560 042.



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       Court Order dated 04.03.2022
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2.      SRI. UDAI RAJ
        SINCE DEAD BY LRS
        PETITIONERS 1(b) TO 1(h) ARE THE
        LEGAL LRS OF THE

        DECEASED PETITIONER NO.2.
        THESE LRS ARE ALREADY ON RECORD.
                                              ...PETITIONERS
(BY SRI. U.SUBHASRAJ, SMT. LEELA, SMT. NIRMALA,
SMT. SHOBA, SMT. PREMILA-PETITIONERS (ABSENT);
THE PETITION AS AGAINST PETITIONER NO.1(d) IS ABATED VIDE
COURT ORDER DATED 02.12.2021)

AND:

1.      SMT. CHANDRALATHA
        W/O. LATE JAWAHARLAL,
        AGED ABOUT 76 YEARS,
        SINCE DECEASED BY HER LRS.,
        RESPONDENTS 2 TO 6

2.      SRI. J. RAMESHCHAND
        S/O. LATE JAWAHARLAL
        AGED ABOUT 52 YEARS.

3.      SRI. J. ASHOKCHAND
        S/O. LATE JAWAHARLAL
        AGED ABOUT 50 YEARS.

4.      SRI. J. MAHAVEERCHAND
        S/O. LATE JAWAHARLAL
        AGED ABOUT 49 YEARS.
        SINCE DECEASED BY LRS

4(a)    SUNITHA LUNAWAT,
        W/O LATE MAHAVEER CHAND,
        AGED 54 YEARS,

4(b)    TARUN LUNAWAT,
        S/O LATE MAHAVEER CHAND,
        AGED 28 YEARS,

4(c)    MRS.MEGHA BANTIA,
        D/O LATE MAHAVEER CHAND,
        AGED 30 YEARS,

        ALL RESIDING AT NO.1/20,


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     Court Order dated 04.03.2022
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        ASSAYER ROAD,
        BENGALURU - 560 042.

5.      SRI. J. JAICHAND JAIN
        S/O. LATE JAWAHARLAL
        AGED ABOUT 47 YEARS.

6.      SRI. J. SUNIL KUMAR
        S/O. LATE JAWAHARLAL
        AGED ABOUT 42 YEARS.
        ALL ARE RESIDING AT NO.1/20
        ASSAYE ROAD,
        BANGALORE - 560 042.                         ...RESPONDENTS

*(BY M/S HOLLA AND HOLLA ADVOCATES FOR CAVEATORS/
RESPONDENT NOs.2 AND 3;
SRI. GIRI GOWDA, ADVOCATE FOR RESPONDENT NOs.4 TO 6;
NOTICE SERVED ON RESPONDENT NOs.4(a) TO 4(c);
CAUSE TITLE IS AMENDED VIDE COURT ORDERS DATED
25.11.2011, 07.12.2015, 28.06.2016 AND 18.08.2018)

      THIS HRRP IS FILED UNDER SECTION 46(1) OF THE
KARNATAKA RENT ACT AGAINST THE JUDGMENT DATED
07.08.2010 PASSED IN H.R.C. NO.343/2005 ON THE FILE OF THE
CHIEF JUDGE, COURT OF SMALL CAUSE, BANGALORE, DISMISSING
THE I.A.NO.IV FILED UNDER SECTION 43 OF K.R.ACT.

     THIS HRRP COMING ON FOR ORDERS THIS DAY, THE COURT
MADE THE FOLLOWING:

                                ORDER

There was no representation for the petitioners

yesterday and the petition is listed today. However, today

also there is no representation for the petitioners. Hence, the

petition is dismissed for non -prosecution.

Sd/-

JUDGE GJM

* Corrected vide Court Order dated 04.03.2022