Smt Jayamma vs Sri Rajeev
2022 Latest Caselaw 11762 Kant

                          -1-


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 12TH DAY OF SEPTEMBER 2022

                        BEFORE

       THE HON'BLE MR. JUSTICE V. SRISHANANDA

         RFA NO.1258 OF 2013 (PAR- INJ) C/W
             RFA NO.1611 OF 2013 (PAR)

IN RFA NO.1258 OF 2013

BETWEEN:

SMT JAYAMMA
W/O LATE MARANNA
AGED 71 YEARS
R/A NO.208, 14TH MAIN
8TH CROSS, HMT LAYOUT
MATHIKERE,BANGALORE-54                 ... APPELLANT

(BY SRI.MANJUNATH M.HEGDE, ADVOCATE)

AND:

1.     SRI RAJEEV S/O M BHASKAR
       AGED 27 YEARS
       R/AT NO.8 "D" 3
       H.M.T. WATCH FACTORY
       COLONY, JALAHALLI
       BANGALORE-575 013

2.     SMT M NAGARATHNA
       D/O LATE MARANNA
       W/O SRI V JAYARAMAIAH
       AGED 56 YEARS
       R/A NO.208,14TH MAIN
       8TH CROSS, HMT LAYOUT
       MATHIKERE, BANGALORE-54
                          -2-


3.   SRI M BHASKAR
     S/O LATE MARANNA
     AGED ABOUT 53 YEARS
     BAHUBALI NAGAR, JALAHALLI
     BANGALORE-560 013
     WORKING AS MARKETING OFFICER
     NO.135/A-35, 2ND FLOOR
     9TH MAIN, SADASHIVANAGARA
     BANGALORE-560 080

4.   SMT M PREMAKUMARI
     D/O LATE MARANNA
     W/O BASAVALINGAIAH
     AGED ABOUT 51 YEARS
     NO.279, 7TH MAIN
     3RD CROSS, 1ST STAGE
     NANJAPPA BUILDING, PEENYA
     BANGALORE-560 058

5.   SMT M USHA
     D/O LATE MARANNA
     W/O SHIVASHANKARAIAH
     AGED ABOUT 48 YEARS
     R/A NO.W-7, SECTOR-3
     HMT COLONY
     BANGALORE-13                    ...RESPONDENTS

(BY SRI. C.VINAY SWAMY, ADVOCATE FOR R1;
    SRI. M.S.VARADARAJAA, ADVOCATE FOR R2 & R4;
    SRI. R.S.RAVI ASSTS., ADVOCATE FOR R5)

     THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ
WITH SECTION 96 OF CPC., AGAINST THE JUDGMENT AND
DECREE DATED 27.05.2013 PASSED IN O.S.NO.8081/2007
ON THE FILE OF XVII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BANGALORE, DISMISSING THE SUIT
FILED FOR PARTITION, SEPARATE POSSESSION AND
PERMANENT INJUNCTION.
                              -3-


IN RFA NO.1611 OF 2013

BETWEEN:

SRI B.RAJEEV
S/O M BHASKAR
AGED ABOUT 28 YEARS
R/O NO.8 "D" 3
H.M.T. WATCH FACTORY
COLONY, JALAHALLI
BANGALORE-560 054                     ... APPELLANT

(BY SRI.C.VINAY SWAMY, ADVOCATE)

AND:

1.     SMT JAYAMMA
       W/O LATE MARANNA
       AGED ABOUT 72 YEARS

2.     SMT M NAGARATHNA
       D/O LATE MARANNA
       W/O SRI V JAYARAMAIAH
       AGED ABOUT 57 YEARS

       RESPONDENT NOS.1 AND 2 ARE
       R/A NO.208, 14TH MAIN
       8TH CROSS, HMT LAYOUT
       MATHIKERE, BANGALORE-54

3.     M BHASKAR
       S/O LATE MARANNA
       AGED ABOUT 54 YEARS
       BAHUBALI NAGAR, JALAHALLI
       BANGALORE-560 013
       WORKING AS MARKETING OFFICER
       NO.135/A-35, 2ND FLOOR
       9TH MAIN, SADASHIVANAGARA
       BANGALORE-560 080

4.     SMT M PREMAKUMARI
       D/O LATE MARANNA
                                  -4-


       W/O BASAVALINGAIAH
       AGED ABOUT 52 YEARS
       NO.279, 7TH MAIN
       3RD CROSS, 1ST STAGE
       NANJAPPA BUILDING, PEENYA
       BANGALORE-560 058                    ...RESPONDENTS

(BY SRI. MANJUNATH M. HEGDE, ADVOCATE FOR R1;
    SRI. M.S.VARADARAJAA, ADVOCATE FOR R2 & R4;
    R3-NOTICE DISPENSED WITH VIDE ORDER
    DATED 16.06.2017)

     THIS RFA IS FILED UNDER SECTION 96 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 27.05.2013
PASSED IN O.S.NO.8081/2007 ON THE FILE OF XVII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
(CCH-16), DISMISSING THE SUIT FILED FOR PARTITION,
SEPARATE POSSESSION AND PERMANENT INJUNCTION.

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

                           JUDGMENT

Though the appeals are of the year 2013, paper books

are not filed till date.

Learned counsel for the appellants in both the appeals

seek time to file paper books.

The prayer sought for is rejected. Hence, the appeals

are dismissed for non-prosecution.

Sd/-

JUDGE

hkh.