Gujanna @ Gujappa S/O Late Ayyanna vs K P Nagaraja S/O Late Puttappa
2021 Latest Caselaw 601 Kant

Citation : 2021 Latest Caselaw 601 Kant
Judgement Date : 11 January, 2021

Karnataka High Court

Gujanna @ Gujappa S/O Late Ayyanna vs K P Nagaraja S/O Late Puttappa on 11 January, 2021

Author: B.M.Shyam Prasadpresided Bybmspj

                              -1-



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 11TH DAY OF JANUARY, 2021

                        BEFORE

       THE HON'BLE MR.JUSTICE B.M.SHYAM PRASAD

         REGULAR FIRST APPEAL NO. 500 OF 2012

BETWEEN:

GUJANNA @ GUJAPPA
S/O LATE AYYANNA
AGED ABOUT 60 YEARS
R/AT NO 103, TIGALARABEEDHI
BEHIND YELLAMMA TEMPLE,
KENGERI BENGALURU - 60
BY P.A. HOLDER SRI MUNIVENKATAPPA
S/O MUNISHAMAPPA
AGED ABOUT 50 YEARS
R/AT KUMBALAHALLI VILLAGE
HOSAKOTE TALUK
BENGALURU DISTRICT.
                                    ... APPELLANT

(BY SRI. GURURAJ KULKARNI, ADVOCATE (ABSENT))

AND:

1.     K. P. NAGARAJA
       S/O LATE PUTTAPPA
       AGED ABOUT 55 YEARS.

2.     LAKSHMI
       D/O LATE PUTTAPPA
       DEAD BY LRS
       MUNIRAJA
       S/O LATE MUTTAPPA
                             -2-



     AGED ABOUT 52 YEARS
     NO 61, GONGONDANAHALLI
     BENGALURU - 61.

3.   JAYAMMA
     D/O LATE PUTTAPPA @ PUTTANNA
     AGED ABOUT 57 YEARS
     R/AT 592/12A, BEHIND HASIKARAGA
     MANTAPA, BENGALURU - 60.

4.   JAYARAM
     S/O LATE MUNIYALLAPPA
     AGED ABOUT 47 YEARS,

5.   LALITHAMMA
     D/O MUNIYELLAPPA
     AGED ABOUT 53 YEARS,

6.   GOWRAMMA
     D/O MUNIYELLAPPA
     AGED ABOUT 50 YEARS,

     RESPONDENTS 4 TO 6
     R/AT NO 592, BEHIND
     HASIKARAGA MANTAPA
     KENGERI, BENGALURU - 60

7.   RAJAMMA D/O AIYANNA
     AGED ABOUT 62 YEARS

8.   YELLAMMA D/O AIYANNA
     AGED ABOUT 60 YEARS

     RESPONDENTS 7 & 8
     R/AT NO. 103, TIGALARABEEDHI
     BEHIND YELLAMMA TEMPLE
     KENGERI, BENGALURU - 60.
                              -3-



9.    PAPANNA
      S/O LATE MOTAPPA
      AGED ABOUT 77 YEARS,

10.   MUNIRAJU
      S/O PAPANNA
      AGED ABOUT 45 YEARS.

11.   MUNIKRISHNA
      S/O PAPANNA
      AGED ABOUT 42 YEARS,

12.   SRINIVASA
      S/O PAPANNA
      AGED ABOUT 40 YEARS,

13.   GOVINDARAJU
      S/O PAPANNA
      AGED ABOUT 39 YEARS,

14.   ANANDA
      S/O PAPANNA
      AGED ABOUT 37 YEARS,

15.   RAVI
      S/O PAPANNA
      AGED ABOUT 35 YEARS,

      RESPONDENTS 9 TO 15 ARE
      R/AT NO 372, BEHIND YELLAMMADEVI
      TEMPLE, KENGERI, BENGALURU - 60.
                                         ... RESPONDENTS

(BY SRI. B.G. RAJASHEKAR., ADVOCATE FOR R1;
    SRI. M. THIMMARAYASWAMY, ADVOCATE FOR
    R9 TO R15 (ABSENT);
    NOTICE TO R.2 IS HELD SUFFICIENT V/O. DATED
    03.01.2019;
                                 -4-



     THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER
41,R/W, SEC.96, OF CPC, AGAINST THE JUDGMENT AND
DECREE DATED 14.12.2011 PASSED IN O.S. 9476/2005 ON
THE FILE OF THE I-ADDL. CITY CIVIL AND SESSION JUDGE,
BENGALURU, DISMISSING THE SUIT FOR PARTITION AND
SEPARATE POSSESSION.

    THIS REGULAR FIRST APPEAL COMING ON                     FOR
ORDERS THIS DAY, THE COURT DELIVERED                        THE
FOLLOWING:

                        JUDGMENT

None appears for the appellant though called twice

during the course of the day.

It is seen from this Court's order on 3.1.2019 that

notice was issued on IA Nos.1 to 3 of 2017 to the proposed

legal representatives of the deceased respondent No.5. The

requisites have not been furnished. This Court has also

allowed the applications filed to bring the legal

representatives of the deceased respondent No.4 on record,

and the legal representatives of the sole appellant were also

permitted to come on record. The learned counsel for the

appellant is permitted to carry out the amendment, but the

amendment is not carried out.