Karnataka High Court
A Janardhana Shetty vs Smt B S Leelavathi on 9 March, 2022
Bench: Sachin Shankar Magadum
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
R.F.A.NO.209 OF 2015
BETWEEN:
A JANARDHANA SHETTY
AGED ABOUT 74 YEARS,
S/O SANKAPPA SHETTY,
R/AT NO.31/A, IMPERIAL COURT,
CUNNINGHAM ROAD, BANGALORE-54.
...APPELLANT
(BY SRI Y.RAJENDRA PRASAD SHETTY, ADVOCATE)
AND:
1. SMT. B S LEELAVATHI
W/O LATE B.N.SATHYANNA,
SINCE DEAD, HER LR'S
1(a) B.N.HARI
S/O LATE B.N.SATHYANNA,
RESIDING AT NO.473, 9TH CROSS,
1ST BLOCK, JAYANAGARA,
BANGALORE-560 011.
2. SRI G V VASUDEVA MURTHY
S/O LATE B.M.GURURAJA CHAR,
AGE ABOUT 66 YEARS,
RESIDING AT NO.421, 5TH MAIN,
2
BANASHANKARI 3RD STAGE, II BLOCK,
BANGALORE-560024.
3. SRI R NAGARAJ
S/O LATE RAMASHASTRY,
AGE:ABOUT 60 YEARS,
RESIDING AT 213, "RAMASHASTRY COMPOUND",
1ST MAIN ROAD, HEBBALA, H.A.FARM POST,
BANGALORE-560024.
4. SRI R GUNDAPAPSHASTRY
S/O LATE RAMASHASTRY,
AGE:ABOUT 57 YEARS,
RESIDING AT 213, "RAMASHASTRY COMPOUND",
1ST MAIN ROAD, HEBBALA, H.A.FARM POST,
BANGALORE-560024.
5. SRI R VENKATARAMANA SHASTRY
S/O LATE RAMA SHASTRY,
AGE:ABOUT 57 YEARS,
RESIDING AT 213, "RAMASHASTRY COMPOUND",
1ST MAIN ROAD, HEBBALA, H.A.FARM POST,
BANGALORE-560024.
6. SRI R RAVIKUMAR
S/O LATE RAMA SHASTRY,
AGE:ABOUT 46 YEARS,
RESIDING AT 213, "RAMASHASTRY COMPOUND",
1ST MAIN ROAD, HEBBALA, H.A.FARM POST,
BANGALORE-560024.
7. SRI VIJAYA KUMAR
S/O LATE RAMA SHASTRY,
AGE:ABOUT 36 YEARS,
RESIDING AT 213, "RAMASHASTRY COMPOUND",
1ST MAIN ROAD, HEBBALA, H.A.FARM POST,
BANGALORE-560024.
3
8. SRI KRISHNA SHASTRY
S/O LAKSHMI NARAYANA SHASTRY,
AGE:ABOUT 66 YEARS,
RESIDING AT NO.206, "SHASTRY NILAYA",
BHAJANA MANDIRA, HEBBAL,
BANGALORE-560024.
9. SRI SUBBA RAO
S/O LAKSHMI NARAYANA SHASTRY,
AGE:ABOUT 61 YEARS,
RESIDING AT NO.206, "SHASTRY NILAYA",
BHAJANA MANDIRA, HEBBAL,
BANGALORE-560024.
10. SRI SRINIVASA SHASTRY
S/O LAKSHMI NARAYANA SHASTRY,
AGE:ABOUT 52 YEARS,
RESIDING AT NO.206, "SHASTRY NILAYA",
BHAJANA MANDIRA, HEBBAL,
BANGALORE-560024.
11. SRI.PRABHAKAR
S/O LAKSHMI NARAYANA SHASTRY
AGE:ABOUT 52 YEARS,
RESIDING AT NO.206, "SHASTRY NILAYA",
BHAJANA MANDIRA, HEBBAL,
BANGALORE-560024.
12. SRI L BALAMURALISHAR,
S/O LAKSHMI NARAYANA SHASTRY,
AGED ABOUT 48 YEARS,
RESIDING NO.206, SHASTRY NILAYA,
BHAJANA MANDIRA, HEBBAL,
BANGALORE-560 024.
13. SMT. SAVITHRAMMA
W/O LATE RAMA SHASTRY
AGE:87 YEARS,
RESIDING AT NO.213, RAMASHASTRY COMPOUND,
4
I MAIN ROAD, HEBBALA, H A FARM POST,
BANGALORE-560 024.
14. SMT. JANAKAMMA
W/O LATE H R VENKATESH AND
DAUGHTER IN LAW OF RAMA SHASTRY
AGE:ABOUT 68 YEARS,
RESIDING AT NO.213, RAMASHASTRY COMPOUND,
I MAIN ROAD, HEBBALA, H A FARM POST,
BANGALORE-560 024.
15. SRI NARASIMHA,
S/O LATE H R VENKATESH
AGE:ABOUT 39 YEARS,
RESIDING AT NO.213, RAMASHASTRY COMPOUND,
I MAIN RAOD, HEBBALA, H A FARM POST,
BANGALORE-560 024.
16. SMT. LAKSMIDEVI
D/O LATE H R VENKATESH
AGE:ABOUT 36 YEARS,
RESIDING AT NO.213, RAMASHASTRY COMPOUND,
I MAIN ROAD, HEBBALA, H A FARM POST,
BANGALORE-560 024.
17. SMT. VASANTHA
D/O LATE H R VENKATESH
AGE:ABOUT 31 YEARS,
RESIDING AT NO.213, RAMASHASTRY COMPOUND,
I MAIN ROAD, HEBBALA, H A FARM POST,
BANGALORE-560 024.
18. SRI SURESH BABU,
S/O LATE H R VENKATESH
AGE:ABOUT 31 YEARS,
RESIDING AT NO.213, RAMASHASTRY COMPOUND,
I MAIN ROAD, HEBBALA, H A FARM POST,
BANGALORE-560 024.
5
19. SMT. SUNITHA,
D/O LATE H R VENKATESH
AGE:ABOUT 27 YEARS,
RESIDING AT NO.213, RAMASHASTRY COMPOUND,
I MAIN ROAD, HEBBALA, H A FARM POST,
BANGALORE-560 024.
20. SMT. LATHA,
D/O LATE H R VENKATESH
AGE:ABOUT 43 YEARS,
RESIDING AT NO.213, RAMASHASTRY COMPOUND,
I MAIN ROAD, HEBBALA, H A FARM POST,
BANGALORE-560 024.
21. SMT. MALATHI,
D/O R NAGARAJ,
AGE:ABOUT 41 YEARS,
RESIDING AT NO.213, RAMASHASTRY COMPOUND,
I MAIN ROAD, HEBBALA, H A FARM POST,
BANGALORE-560 024.
22. SRI SHESHACHALAM
S/O R NAGARAJ,
AGE:ABOUT 39 YEARS,
RESIDING AT NO.213, RAMASHASTRY COMPOUND,
I MAIN ROAD, HEBBALA, H A FARM POST,
BANGALORE-560 024.
23. SMT. CHANDRAKALA,
D/O R NAGARAJ,
AGE:ABOUT 31 YEARS,
RESIDING AT NO.213, RAMASHASTRY COMPOUND,
I MAIN ROAD, HEBBALA, H A FARM POST,
BANGALORE-560 024.
24. SRI RAJASHEKAR,
S/O R NAGARAJ,
AGE:ABOUT 30 YEARS,
RESIDING AT NO.213, RAMASHASTRY COMPOUND,
6
I MAIN ROAD, HEBBALA, H A FARM POST,
BANGALORE-560 024.
25. SRI JAGANNATHA SHASTRY
S/O R GUNDAPPA SHASTRY,
AGE:ABOUT 34 YEARS,
RESIDING AT NO.213, RAMASHASTRY COMPOUND,
I MAIN ROAD, HEBBALA, H A FARM POST,
BANGALORE-560 024.
26. SMT. NIRMALA
D/O R GUNDAPPA SHASTRY,
AGE:ABOUT 32 YEARS,
RESIDING AT NO.213, RAMASHASTRY COMPOUND,
I MAIN ROAD, HEBBALA, H A FARM POST,
BANGALORE-560 024.
27. SRI ANJAN KUMAR,
S/O R GUNDAPPA SHASTRY,
AGE:ABOUT 27 YEARS,
RESIDING AT NO.213, RAMASHASTRY COMPOUND,
I MAIN ROAD, HEBBALA, H A FARM POST,
BANGALORE-560 024.
28. SMT. KRUPA V SHASTRY
D/O VENKATARAMA SHASTRY,
AGED ABOUT 30 YEARS,
RESIDING AT NO.213, "RAMASHASTRY COMPOUND"
1ST MAIN ROAD, HEBBALA H.A. FARM POST,
BANGALOE-560024.
29. SMT. KRITHIKA V. SHASTRY
D/O VENKATARAMA SHASTRY,
AGED ABOUT 28 YEARS,
RESIDING AT NO.213, "RAMASHASTRY COMPOUND"
1ST MAIN, ROAD, HEBBALA H A FARM POST,
BANGALORE-560024.
7
30. SMT. R SUGUNA DEVI
D/O VENKATARAMA SHASTRY,
AGE ABOUT 41 YEARS,
RESIDING AT NO.213, "RAMASHASTRY COMPOUND",
1ST MAIN ROAD, HEBBALA, H.A. FARM POST,
BANGALORE-560024.
31. SMT. R. ANJALI DEVI
D/O VENKATARAMA SHASTRY,
AGE ABOUT 34 YEARS,
RESIDING AT NO.213, "RAMASHASTRY COMPOUND",
1ST MAIN ROAD, HEBBALA H.A. FARM POST,
BANGALORE-5600024.
32. SRI LAKSHMINARAYANA SHASTRY
S/O LATE KRISHNA BHAT,
AGED ABOUT 95 YEARS,
RESIDING AT NO.206, "SHASTRY NILAYA"
BHAJANA MANDIRA, HEBBALA,
BANGALORE-560024
33. SMT. GUNDAMMA
W/O LAKSHMINARAYANA SHASTRY,
AGED ABOUT 95 YEARS,
RESIDING AT NO.206, "SHASTRY NILAYA"
BHAJANA MANDIRA HEBBALA,
BANGALORE-560024.
34. SRI. NAGABHUSHANA
S/O LAKSHMINARAYANA SHASTRY,
AGED ABOUT 94 YEARS,
RESIDING AT NO.206, "SHASTRY NILAYA"
BHAJANA MANDIRA HEBBALA,
BANGALORE-560024.
35. SRI JAYASHIMA
S/O LAKSMINARAYANA SHASTRY,
AGED ABOUT 93 YEARS,
RESIDING AT NO.206, "SHASTRY NILAYA"
8
BHAJANA MANDIRA, HEBBALA,
BANGALORE-560024.
36. SMT. LAKSHMI
D/O LAKSMINARAYANA SHASTRY,
AGED ABOUT 40 YEARS,
RESIDING AT NO.206, "SHASTRY NILAYA",
BHAJANA MANDIRA HEBBALA,
BANGALORE-560024.
37. SMT. GAYATHRI
D/O SRI. KRISNA SHASTRY,
AGED ABOUT 38 YEARS,
RESIDING AT NO.206, "SHASTRY NILAYA"
BHAJANA MANDIRA HEBBALA,
BANGALORE-560024.
38. SMT. UMADEVI
D/O SRI KRISNA SHASTRY,
AGED ABOUT 36 YEARS,
RESIDING AT NO.206, "SHASTRY NILAYA"
BHAJANA MANDIRA HEBBALA,
BANGALORE-560024.
39. SMT. JAYASHREE
D/O SRI KRISHNA SHASTRY,
AGED ABOUT 26 YEARS,
RESIDING AT NO.206, "SHASTRY NILAYA"
BHAJANA MANDIRA, HEBBALA.
BANGALORE-560024.
40. SRI. NAGARAJ
S/O SRI SUBBARAO,
AGED ABOUT 31 YEARS,
RESIDING AT NO.206, "SHASTRY NILAYA"
BHAJANA MANDIRA HEBBALA,
BANGALORE-560024
9
41. SRI SUDHEENDRA
S/O SRI SUBBARAO,
AGED ABOUT 29 YEARS,
RESIDING AT NO.206, "SHASTRY NILAYA"
BHAJANA MANDIRA, HEBBALA,
BANGALORE-560024.
42. SMT. JAYAMMA
D/O LAKSMINARAYANA SHASTRY,
AGED ABOUT 58 YEARS,.
RESIDINGA AT NO.206 "SHASTRY NILAYA"
BHAJANA MANDIRA, HEBBALA,
BANGALORE-560024.
43. SMT. MEENAKSHI
D/O LAKSMINARAYANA SHASTRY,
AGED ABOUT 56 YEARS,
RESIDING AT NO.206, "SHASTRY NILAYA",
BHAJANA MANDIRA, HEBBALA,
BANGALORE-560024.
...RESPONDENTS
(BY SRI.VAMSHI CHANDRASHEKAR, ADVOCATE FOR R1(A))
THIS RFA IS FILED U/S. 96 READ WITH ORDER 41 RULE (1)
OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 05.11.2014
PASSED IN OS NO.7023/2010 ON THE FILE OF THE XLIII ADDL.
CITY CIVIL AND SESSIONS JUDGE, BENGALURU, REJECTING THE
PLAINT FILED U/O 7 RULE 11 (d) OF CPC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
10
JUDGMENT
Learned counsel for the appellant has filed a memo
seeking to withdraw the appeal as not pressed.
Memo is taken on record.
The appeal is dismissed as not pressed.
The pending interlocutory application does not survive
for consideration and the same stands disposed of.
Sd/-
JUDGE
CA
