Smt. G.Kamala vs Smt. Sarswathamma
2022 Latest Caselaw 12505 Kant

                              -1-




                                       RFA No. 3033 of 2009

     IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

         DATED THIS THE 17TH DAY OF OCTOBER, 2022

                             BEFORE
             THE HON'BLE MR JUSTICE R.NATARAJ
     REGULAR FIRST APPEAL NO. 3033 OF 2009 (DEC/INJ-)
BETWEEN:
1.    SMT. G.KAMALA
      W/O R. MARISWAMYOCC:HOUSE HOLD,
      R/O M.I.G-8, K.H.B.COLONY,
      MOKA ROAD, GANDHI NAGAR,
      BELLARY-583101

2.    SHRI.G.Y.YATHEENDRA
      S/O g. KAMALA
      AGE: 36 YEARS, OCC: HOUSE HOLD
      R/O M.I.G-8, KH.B.COLONY,
      MOKA ROAD, GANDHI NAGAR,
      BELLAGY-583101

3.    KUMARI G. MALLIKA
      D/O. G. KAMALA, AGE: 33 YEARS,
      OCC:HOUSEHOLD,
      R/O M.I.G-8, K.H.B. COLONY,
      MOKA ROAD, GANDHI NAGAR,
      BELLARY-583101
                                               ...APPELLANTS
(BY SRI. A S PATIL, ADV.,)
AND:
1.     SMT. SARSWATHAMMA
       W/O. LATE R. MARISWAMY,
       AGE: 59 YEARS, OCC:HOUSEHOLD
       R/O C/O B.M.VEERAMMA
       W/O LATE B.M.VEERAIAH, NATIAR STREET,
       HARAPANAHALLI, 583131,
       DIST. BELLARY.
                             -2-




                                      RFA No. 3033 of 2009

2.    SMT. R. NEELAMMA W/O. VEERAIAHSWAMY
      SINCE DECEASED BY HER LR'S

2A. SRI. R. YERISWAMY S/O. VEERAIAH,
    AGE: 55 YEARS, OCC: AGRICULTURE,
    R/O. 1ST CROSS, NEAR KUMAR PLAZA,
    S.N.PET, BELLARY - 583101.
    DIST. BELLARY.

2B. SRI. R. CHANDRAMOULI S/O. VEERAIAH,
    AGE: 55 YEARS, OCC: AGRICULTURE,
    R/O. 1ST CROSS, NEAR KUMAR PLAZA,
    S.N.PET, BELLARY - 583101.
    DIST. BELLARY.

                                             ...RESPONDENT
(BY SRI. MALLIKARJUNSWAMY HIREMATH, ADV., FOR R2A;
R2B- SERVICE HELD SUFFICIENT)

      THIS RFA IS FILED UNDER SECTION 96 OF CPC, PRAYING
TO SET ASIDE THE JUDGMENT AND DECREE DATED 23.01.2009
PASSED BY THE 1ST ADDITIONAL CIVIL JUDGE (SR.DN) BELLARY
AND    ACCORDINGLY   TO    DISMISS   THE   SUIT   FILED   IN
O.S.NO.287/2003 BY THE RESPONDENTS 1 AND 2, IN THE
INTEREST OF JUSTICE AND EQUITY.

      THIS RFA COMING ON FOR ADMISSION, THIS DAY, COURT
DELIVERED THE FOLLOWING:

                       JUDGMENT

In terms of the order dated 04.06.2018 two weeks'

time was granted for taking steps in respect of respondent

No.1. However, no steps are taken till date. Hence, the

RFA No. 3033 of 2009

appeal as against respondent No.1 is dismissed as abated.

The respondents are the plaintiffs before the Trial Court, who

sought declaration and injunction and in view of abatement

of appeal against respondent No.1, result in abatement of

appeal in its entirety as against the legal representatives of

respondent No.2.

Sd/-

JUDGE

YAN