Smt C Saraswathi vs Smt Chinnamma
2022 Latest Caselaw 11345 Kant

                           1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 11TH DAY OF AUGUST, 2022

                        BEFORE

     THE HON'BLE MR. JUSTICE V. SRISHANANDA

       REGULAR FIRST APPEAL No.1043 OF 2012

BETWEEN:

1.   SMT. C SARASWATHI
     W/O Y MUNINARAYANAPPA
     AGED ABOUT 48 YEARS

2.   KUM. K M KAVYASHREE
     D/O Y MUNINARAYANAPPA
     AGED ABOUT 8 YEARS
     REPRESENTED BY HER NATURAL
     GUARDIAN AND MOTHER SMT. C SARASWATHI

     BOTH APPELLANTS 1 AND 2 ARE
     R/AT NO.44, 14TH CROSS
     CHANDRA LAYOUT
     BANGALORE-72.
                                        ...APPELLANTS

(BY SRI V VINOD REDDY, FOR
 SRI G PAPI REDDY, ADVOCATE - ABSENT)

AND:

1.   SMT. CHINNAMMA
     AGED ABOUT 50 YEARS
     W/O LATE THAMMAIAH

2.   SRI T SRINIVAS
     AGED ABOUT 30 YEARS
     S/O LATE THAMMAIAH
                               2

3.   SRI T CHANDRASHEKAR
     AGED ABOUT 28 YEARS
     S/O LATE THAMMAIAH

4.   SRI T GANGA RAJU
     AGED ABOUT 25 YEARS
     S/O LATE THAMMAIAH

     RESPONDENTS 1 TO 4 ARE
     R/A KODIGEHALLI VILLAGE
     YELAHANKA HOBLI
     BANGALORE NORTH TALUK
     BANGALORE CITY.

5.   VENKATESH
     SINCE DEAD BY HIS LR'S

     5A) GIRISH
     S/O LATE VENKATESH
     AGED ABOUT 32 YEARS
     R/AT NO.9, MARUTHINAGAR
     KODIGEHALLI MAIN ROAD
     BANGALORE-92.

     5B) LAKSHMI
     S/O LATE VENKATESH
     AGED ABOUT 30 YEARS
     R/AT NO.9, MARUTHINAGAR
     KODIGEHALLI MAIN ROAD
     BANGALORE-92.

     5C) SHASHI
     S/O LATE VENKATESH
     AGED ABOUT 28 YEARS
     R/AT NO.9, MARUTHINAGAR
     KODIGEHALLI MAIN ROAD
     BANGALORE-92.

6.   SMT. INDIRAMMA
     AGED ABOUT 46 YEARS
     W/O SRI VENKATESH
     R/AT NO.9, MARUTHINAGAR
                              3

     KODIGEHALLI MAIN ROAD
     BANGALORE-92.

7.   N KRISHNOJI RAO
     AGED ABOUT 50 YEARS
     S/O LATE NARASINGA RAO
     NO.11, FIRST FLOOR
     SIDDASHRAMA ROAD
     17TH CROSS, MALLESWARAM
     BANGALORE-3.
                                            ...RESPONDENTS

(BY SRI M A POOVAIAH, ADV. FOR R-5 & R-6
 NOTICE TO R-1, R-2, R-3, R-4, R-7 SERVED, BUT
UNREPRESENTED)
                             ***

      THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF THE CODE OF CIVIL PROCEDURE, AGAINST THE
JUDGMENT AND DECREE DATED 05.03.2012 PASSED IN
O.S.8719/2005 ON THE FILE OF THE V ADDL. CITY CIVIL AND
SESSIONS JUDGE, BANGALORE, DISMISSING THE SUIT FOR
PERMANENT INJUNCTION AND SEPARATE POSSESSION.

      THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS
THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS
DAY, THE COURT MADE THE FOLLOWING:

                        ORDER

Report received that the first appellant has died.

The second appellant was the minor at the time of

filing of the appeal. She was eight years as on the

date of filing the appeal. By efflux of time, she has

attained majority. Therefore, necessary arrangements

are to be made for second appellant to appear before

the Court. In pursuance thereof, this Court had

issued the Court notice. However, the Court notice is

returned with an endorsement "no such person in the

given address'.

2. Sri. G. Papi Reddy, learned counsel has been

designated as the Senior Counsel and the second

appellant has not chosen to make alternate

arrangement. Sri.M.A. Poovaiah, learned counsel for

the respondent Nos.5 and 6 is present.

In view of the above factual aspects, the appeal

is dismissed for non prosecution.

Sd/-

JUDGE

BMV*