Smt Giriyamma vs Smt M Lakshmamma
2022 Latest Caselaw 1777 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 4TH DAY OF FEBRUARY, 2022

                       BEFORE

          THE HON'BLE MR. JUSTICE M.I.ARUN

            RFA NO.822 OF 2019 (PAR/POS)

BETWEEN:

1. SMT. GIRIYAMMA,
   W/O. LATE MALLAIAH,
   AGED ABOUT 85 YEARS,

2. SMT. GOWRAMMA,
   W/O. LATE SRI. SIDDE GOWDA,
   AGED ABOUT 64 YEARS,

     BOTH ARE R/AT OLD NO.23,
     (PID NO.44-9-2), NEW NO.2,
     14TH CROSS, WARD NO.44,
     PADARAYANAPURA,
     BENGALURU-560 038.
                                     ... APPELLANTS
(BY SRI. SHANKARE GOWDA V.N AND
     SRI. MURALI B.D, ADVOCATES)

AND:

1.   SMT. M. LAKSHMAMMA,
     W/O. SRI. SHIVANNA,
     AGED ABOUT 60 YEARS,
     NO.175, 7TH CROSS,
     GANAPATHI NAGAR,
     HOSAKEREHALLI MAIN ROAD,
     BENGALURU-560 026.

2.   BRUHATH BENGALURU
     MAHANAGARA PALIKE,
     EXECUTIVE ENGINEER OFFICE,
                        2


     ROAD WIDENING SECTION-1
     BBMP, COMMERCIAL COMPLEX,
     2ND FLOOR, J.P.ROAD,
     BENGALURU-560 078.

3.   ASSISTANT REVENUE OFFICER,
     BENGALURU MAHANAGARA PALIKE,
     G-DIVISION-23(WARD)
     JAGAJEEVANARAMANAGAR CIRCLE,
     BENGALURU.

4.   AUTO METER REPAIR,
     MUNNABAI, MAJOR,
     OLD NO.23 (PID No.44-9-2),
     NEW NO.2, 14TH CROSS,
     WARD NO.44, PADARAYANAPURA,
     BENGALURU-560 038.

5.   RAMACHANDRAPPA,
     MAJOR,
     OLD NO.23 (PID No.44-9-2),
     NEW NO.2, 14TH CROSS,
     WARD NO.44, PADARAYANAPURA,
     BENGALURU-560 038.

6.   NAGESHA,
     S/O. LATE SIDDE GOWDA,
     MAJOR, OLD NO.23.
     (PID No.44-9-2),
     NEW NO.2, 14TH CROSS,
     WARD NO.44, PADARAYANAPURA,
     BENGALURU-560 038
                                  ... RESPONDENTS
(BY SRI. JAGADEESH MUNDARAGI FOR R1;
    R2 AND R3 ARE SERVED AND UNREPRESENTED;
    SRI. MANJU M, ADVOCATE FOR R4 & R5;
    SRI. M.L. PRAVEEN KUMAR FOR R6).

     THIS RFA IS FILED UNDER SECTION 96 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED
14.03.2019 PASSED IN O.S.No.4424/2010 ON THE FILE
OF THE XXII ADDITIONAL CITY CIVIL AND SESSIONS
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JUDGE, BENGALURU, DECREEING THE           SUIT      FOR
PARTITION AND SEPARATE POSSESSION.

     THIS RFA COMING ON FOR ORDERS, THROUGH
VIDEO CONFERENCING THIS DAY THE COURT
DELIVERED THE FOLLOWING:

                     JUDGMENT

Learned counsel for the appellants has filed a

memo dated 23.12.2021 with a prayer to dismiss

the appeal as not pressed.

Memo is placed on record.

Accordingly, the appeal is dismissed as not

pressed.

Registry is directed to return the original

documents filed by the appellants after obtaining

photo copies of the same, after due verification.

In view of the disposal of the main appeal,

pending interlocutory application does not survive

for consideration.

Sd/-

JUDGE AG