Sri M Ramachandra vs Sri Bhoga Nanjundappa
2022 Latest Caselaw 11836 Kant

                             1




       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 14TH DAY OF SEPTEMBER, 2022

                          BEFORE

           THE HON'BLE MR. JUSTICE V.SRISHANANDA

     REGULAR FIRST APPEAL No.901 OF 2013 (DEC/INJ)

BETWEEN:

SRI M RAMACHANDRA
SINCE DEAD BY LRs.

1.    SMT K RUKMINAMMA
      W/O LATE M RAMACHANDRA
      AGED ABOUT 60 YEARS

2.    SMT R HEMALATHA
      D/O LATE M RAMACHANDRA
      SINCE DEAD BY HER LRs.
      WHO ARE ALREADY ON RECORD

3.    SRI R CHITTI BABU
      S/O LATE M RAMACHANDRA
      AGED ABOUT 36 YEARS

4.    SRI R VIDYARANI
      W/O SRI V T SHANKAR
      D/O LATE M RAMACHANDRA
      AGED ABOUT 33 YEARS

5.    SRI R SRIKANTH KUMAR
      S/O LATE M RAMACHANDRA
      AGED ABOUT 31 YEARS
      ALL ARE R/AT NO 17, 2ND CROSS,
      1ST STAGE, KUMARASWAMY LAYOUT
      BANGALORE 560078
                                         ...APPELLANTS
(BY SRI. A BALAKRISHNAN, ADVOCATE)

AND:

1 . SRI BHOGA NANJUNDAPPA
                              2




   S/O LATE NANJAPPA
   AGED ABOUT 86 YEARS
   R/AT NO 46 CHURCH ROAD,
   ANEKAL TALUK
   BANGALORE DISTRICT

2 . SRI N GURU NANJAPPA
    ALIAS THAMMAIAH
    S/O LATE NANJAPPA
    AGED ABOUT 71 YEARS
    R/AT NO 952, MARUTHI EXTENSION
    WEAVERS COLONY
    BANGALORE

3 . SRI N PARAMA SHIVIAH
    S/O LATE NANJAPPA
    SINCE DEAD BY HIS LRs.

   3(a) SMT LALITHAMMA
   W/O LATE N PARAMASHIVAIAH
   ALIAS N SHIVAIAH,
   AGED ABOUT 70 YEARS,

   3(b) SRI GIRISH BABU
   S/O LATE N PARAMASHIVAIAH
   ALIAS N SHIVAIAH
   AGED ABOUT 48 YEARS,

   BOTH ARE RESIDING AT NO.62,
   SUNKALPET, CUBBONPET CROSS,
   BANGALORE 5600002.

4 . SRI K SHEKAR
    S/O LATE K SHEKAR
    AGED ABOUT 40 YEARS
    R/AT NO 13 2ND CROSS,
    ANNIPURA, SUDHAMANAGAR
    BANGALORE 560027

5 . SRI B K CHAMUNDAIAH
    S/O NANJUNDAIAH
    AGED ABOUT 68 YEARS

6 . SRI C MAHESH
    S/O NANJUNDAIAH
                             3




     AGED ABOUT 30 YEARS

     RESPONDENTS NO.5 & 6 ARE
     R/AT NO 7 OLD 127, 3RD CROSS,
     IST MAIN ROAD, SUDHAMANAGAR
     BANGALORE 560027

7.   SMT GOWRI
     WIFE OF LATE UMASHANKAR
     AGED ABOUT 46 YEARS,

8.   SRI VIKAS U
     S/O LATE UMASHANKAR
     AGED ABOUT 18 YEARS,

     R6 & R7 ARE R/AT NO.24/1,
     1ST CROSS, 3RD MAIN,
     VINAYAKANAGAR
     JALAKANTESHWARAPURA,
     AUDUGODI POST, WILSON GARDEN
     BANGALORE 5600027.

9.   SMT NIKITA U
     D/O LATE UMASHANKAR
     W/O SANTOSH M K
     AGED ABOUT 25 YEARS,
     R/AT NO.1, MAHADESHWARA
     LAYOUT, 3RD MAIN, NEAR
     RAILWAY CROSS, METTAGALLY POST
     MYSORE CITY PIN 570016.
                                     ...RESPONDENTS
(BY SRI MOHAMMED TIPPU SULTAN, ADVOCATE FOR R4
 R1 IS SERVICE HELD SUFFICIENT
VIDE ORDER DATED 16.12.19
R2, [R3(1) & R3(2)] ARE SERVED
R5 & R6 SERVICE HELD
SUFFICIENT BY PAPER PUBLICATION)

      THIS RFA IS FILED UNDER SECTION 96 OF CPC,
AGAINST THE JUDGEMENT AND DECREE DATED 13.3.2013
PASSED IN O.S.No.2953/2008 ON THE FILE OF V ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, BANGALORE, DISMISSING
THE SUIT FOR DECLARATIONS AND PERMANENT INJUNCTION.
                                4




     THIS REGULAR FIRST APPEAL COMING ON FOR
ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

                          JUDGMENT

Paper book not filed. Learned counsel for the appellants

seeks time to file the paper book.

Prayer rejected.

Appeal is of the year 2013. Hence, appeal is dismissed

for non-prosecution.

Sd/-

JUDGE

BS