Sri Jayatheertha Rao vs Smt H S Shantha
2022 Latest Caselaw 11660 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 8TH DAY OF SEPTEMBER, 2022

                        BEFORE

        THE HON'BLE MR. JUSTICE V.SRISHANANDA

       REGULAR FIRST APPEAL NO.1967 OF 2013

BETWEEN:

SRI. JAYATHEERTHA RAO
S/O LATE H.SHYAM RAO
AGED ABOUT 70 YEARS
RESIDING AT NO.609, 13TH CROSS
J.P.NAGARA 2ND PHASE
BANGALORE - 560 078.                  ...APPELLANT

(BY SRI.K.S.LINGARAJU, ADVOCATE
FOR SRI.G.VIKRAM, ADVOCATE)

AND

1.    SMT.H.S.SHANTHA
      W/O C.H.SREEPADA RAO
      AGED ABOUT 73 YEARS
      PRESENTLY RESIDING AT
      NEMMADI VISHRANTHI DHAMA
      NO.24, 11TH CROSS
      VIDYAMANYANAGAR
      ANDRAHALLLI, VISHWANEEDAM POST
      BANGALORE - 560 091.

2.    SMT. JAYASHEELA
      ALIAS SHEELA RAO
      W/O MADHAVA RAO
      AGED ABOUT 68 YEARS
      PRESENTLY RESIDING AT NO.16
      1ST FLOOR, 4TH 'B' MAIN
      ANJANEYANAGAR
      ITTAMADU, B.S.K.- 3RD STAGE
      BANGALORE - 560 085
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3.    SMT.LAKSHMI
      W/O LATE H.S.VENKTESH MURTHY
      AGED ABOUT 68 YEARS

4.    SMT. ARCHANA
      D/O LATE H.S.VENKTESH MURTHY
      AGED ABOUT 38 YEARS

5.    VAMAN MURTHY
      S/O LATE H.S.VENKTESH MURTHY
      AGED ABOUT 33 YEARS

      PRESENTLY RESPONDENTS 3 TO 5 ARE
      RESIDING AT NO. FLAT NO.5
      2ND FLOOR, SRI SAI RESIDENCY
      SARVABOUMANAGAR
      CHIKKALASANDRA
      BANGALORE - 560 061

6.    SMT.PADMA H.A.
      W/O LATE ANANATHA RAO
      AGED ABOUT 74 YEARS

7.    SRI.GURUPRASAD.H.A.
      S/O LATE ANANATHA RAO
      AGED ABOUT 53 YEARS

8.    SRI.NAGARAJA.H.A.
      S/O LATE ANANATHA RAO
      AGED ABOUT 48 YEARS

9.    SRI. RANGANATH H.A.
      S/O LATE ANANATHA RAO
      AGED ABOUT 47 YEARS

      RESPONDENTS 6 TO 9 ARE ALL
      RESIDING AT NO.1416, SOUTH END
      8TH CROSS ROAD, 28TH MAIN
      JAYANAGAR 9TH BLOCK
      BANGALORE - 560 069

10.   SMT.K.NALINI
      W/O H.S.SRINIVASA MURTHY
      AGED ABOUT 61 YEARS
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      RESIDING AT DOOR NO.13
      "AKSHAYA", I FLOOR
      6TH CROSS, DODDABOMMASANDRA
      VIDYARANAYAPURAM MAIN ROAD
      BANGALORE - 560 027

11.   SHRI.D.N.NAGARAJ
      H/O K.HARINI
      AGED ABOUT 65 YEARS

12.   SHRI.N.VIKAS
      S/O D.N.NAGARAJ
      AGED ABOUT 37 YEARS

      RESPONDENTS 11 AND 12 ARE ALL
      RESIDING AT NO.321, 'VASAVI'
      6TH 'C' CROSS, O.M.B.R. LAYOUT
      BANASWADI
      BANGALORE - 560 043

13.   SHRI.K.R.MANJUNATH
      S/O K.A. RANGANATHAN
      AGED ABOUT 54 YEARS

14.   SHRI.K.R.ANANTHA
      S/O K.A.RANGANATHAN
      AGED ABOUT 50 YEARS

      RESPONDENTS 13 & 14 ARE
      AT NO.570/A, DHANAVANTHRI BUILDINGS
      DHANAVANTHRI ROAD
      DEVARAJA MOHALLA
      MYSORE - 570 001.
                                     ...RESPONDENTS
      (TRUE LAW FOR R-13)

     THIS RFA IS FILED UNDER SECTION 96 OF CPC
PRAYING TO CALL FOR RECORDS OF O.S. NO.1083/2005 ON
THE FILE OF THE III ADDITIONAL SENIOR JUDGE, MYSORE
AND SET ASIDE THE JUDGMENT AND DECREE PASSED IN
JUDGMENT AND DECREE DATED 28.08.2013 PASSED BY
LEARNED III ADDITIONAL SENIOR CIVIL JUDGE, MYSORE IN
O.S.NO.1083/2005 AND ETC.
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     THIS REGULAR FIRST APPEAL COMING ON FOR
ORDERS, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:

                       JUDGMENT

Process fee not paid in respect of respondent Nos.1

to 12 and 14.

2. The appeal is of the year 2013.

3. Learned counsel for the appellant submits that

the appellant has not contacted the counsel for a very long

period. Accordingly, he is unable to take steps.

Placing said submission of the learned counsel on

record, the appeal is dismissed for non-prosecution.

Sd/-

JUDGE

GVP