Sri V Nagaraj vs Smt R Chandramma
2022 Latest Caselaw 11445 Kant

                           1




     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 18TH DAY OF AUGUST, 2022

                        BEFORE

         THE HON'BLE MR. JUSTICE V. SRISHANANDA

               R.F.A.No.369/2012(PAR)

BETWEEN

SRI V NAGARAJ
S/O LATE VENKATARAMAIAH,
AGED ABOUT 78 YEARS,
R/A NO.18, NANDANAVANAM D STREET
ULSOOR,
BANGALORE-560008
                                          ...APPELLANT
(BY SRI G S VENKAT SUBBARAO, ADVOCATE)

AND

1.    SMT R CHANDRAMMA
      W/O LATE VENKATARAMAIAH,
      DEAD, LRS OF R1 ARE ALREADY
      ON RECORD AS R2 TO R9

2.    SRI M R NAGARAJ
      H/O LATE LAKSHMIDEVAMMA
      SINCE DECEASED BY HIS LRS,

a)    SRI M N RAMESH
      S/O LATE M R NAGARAJ,
      AGED ABOUT 51 YEARS
      R/A NO.183, I CROSS, NAZARABAD,
      MYSORE-570010
b)    SMT JAYALAKSHMI
                              2




     W/O SRI C BHAKTHAVATHSALA
     AGED ABOUT 59 YEARS
     R/A 3RD CROSS, SANTHRUPTHI NILAYA
     4TH BLOCK, YESHWANTHPURA
     BANGALORE-560022

c) . SMT N AHALYA
     W/O SRI V GANESH,
     AGED ABOUT 56 YEARS
     R/A NO.183, I CROSS
     NAZARABAD
     MYSORE-570 010

d)   SMT M N VEDAVATHI
     W/O LATE JAYARAM,
     AGED ABOUT 54 YEARS
     R/A NO.18(SOUTHERN PORTION)
     NANDANAVANAM D STREET
     ULSOOR,
     BANGALORE-560008

e)   SRI M N SRINIVAS
     S/O LATE M R NAGARAJ,
     AGED ABOUT 51 YEARS
     R/A NO.183, I CROSS
     NAZARABAD
     MYSORE-570010

3.   SRI V SAMPATH
     S/O LATE M VENKATARAMAIAH,
     AGED ABOUT 68 YEARS,
     R/A NO.18, NANDANAVANAM
     D STREET
     ULSOOR, BANGALORE-560008

4.   SRI V NARAYANA
     S/O LATE M VENKATARAMAIAH
     AGED ABOUT 70 YEARS
                             3




     R/A NO.32/7, I CROSS
     SOMESWARAPURA LAYOUT
     ULSOOR, BANGALORE-560008

5.   SMT V AMBUJA
     W/O SRI D C RAMU,
     AGED ABOUT 65 YEARS
     R/A NO.32/1, I CROSS
     SOMESWARAPURA LAYOUT
     ULSOOR,
     BANGALORE-560008

6.   SRI V PRASAD,
     S/O LATE M VENKATARAMAIAH
     SINCE DECEASES BY HIS LRS

a)   SMT P VEENA
     W/O SRI M L SATHISH,
     D/O LATE V PRASAD
     AGED ABOUT 41 YEARS

b)   SMT DEEPA
     W/O SRI VENKATAKRISHNAPPA
     D/O LATE V PRASAD
     AGED ABOUT 38 YEARS

c)   SMT P VIDHYA
     W/O SRI SHIVAKUMAR,
     D/O LATE V PRASAD
     AGED ABOUT 36 YEARS

d)   SMT P ASHWINI
     W/O SRI VINODH
     D/O LATE V PRASAD
     AGED ABOUT 35 YEARS

     6(a) to (d) ARE R/AT No.32/7
     I CROSS, SOMESHWARAPURA LAYOUT
                           4




     ULSOOR, BANGALORE-560 008

7.   SMT V KOMALA
     W/O SRI T SHIVARAJ,
     D/O LATE M.VENKATARAMAIAH
     AGED ABOUT 53 YEARS
     R/A NO.42, POST OFFICE ROAD
     NALAMPALLI POST
     DHARMAPURI(TN)-600 686

8.   SMT V NEELAVENI
     D/O LATE M.VENKATARAMAIAH
     W/O SRI SHANMUGHANANDAN
     AGED ABOUT 56 YEARS
     R/A NO.16, TELECOM STAFF QUARTERS
     OPP:CHINMAYA MISSION HOSPITAL
     INDIRANAGAR
     BANGALORE-560038

9.   SMT L PADMAVATHI
     W/O LATE V PADMANABHA
     AGED ABOUT 55 YEARS
     R/A C/O LAKSHMANAPPA
     KAMBILLI WEAVERS KILUKOTE
     KOLAR-563 101
                                     ...RESPONDENTS

(BY SRI B.G.THAMMAIAH, ADVOCATE FOR R2(b, c AND d);
SRI K.VISHWANATHA, ADVOCATE FOR R6(a TO d);
VIDE ORDER DATED 06.01.2017 LRS OF R1 IS DISPENSED
WITH;
R2(a), R2(e), R3, R4, R5, R9, R7 ARE SERVED AND
UNREPRESENTED;
R1 DEAD AND R2 TO R9 ARE LRS OF R1 VIDE ORDER DATED
25.07.2013;
NOTICE TO R8 HELD SUFFICIENT VIDE ORDER DATED
25.01.2017)
                            5




     THIS RFA IS FILED UNDER SECTION 96 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 31.10.2011
PASSED IN O.S.NO.2168/2002 ON THE FILE OF THE XLIII
ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE,
DISMISSING THE SUIT FOR PARTITION, SEPARATE
POSSESSION AND MESNE PROFITS.

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

                      JUDGMENT

Time prayed by learned counsel for appellant to

file paper books.

Prayed rejected.

Appeal is dismissed for non-prosecution.

Sd/-

JUDGE

SBN