K Venkatesh Since Dead By His Lrs vs Muniyamma
2022 Latest Caselaw 11837 Kant

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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.924 OF 2013 (PAR)

BETWEEN:

K VENKATESH
SINCE DEAD BY HIS LRs.

1. SMT LAKSHMAMMA
   W/O LATE K VENKATESH
   AGED ABOUT 61 YEARS,

2 . SRI MUTHURAJU
    AGED ABOUT 40 YEARS
    S/O LATE K VENKATESH

3 . SRI THIMARAJU
    AGED ABOUT 38 YEARS
    S/O LATE K VENKATESH

4 . SMT USHA
    D/O LATE.K.VENKATESH,
    AGED ABOUT 36 YEARS

5 . SMT ASHA
    AGED ABOUT 34 YEARS
    D/O LATE K VENKATESH

6 . SMT BHAVYA
    AGED ABOUT 32 YEARS
    D/O LATE K VENKATESH

7 . SHILPA
    AGED ABOUT 29 YEARS
    D/O LATE K VENKATESH
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     ALL ARE RESIDING AT
     NO.154, CHIKKASANDRA
     DASARAHALLI POST
     BANGALORE 560057.

8 . SRI K MUNIRAJU
    AGED ABOUT 49 YEARS
    S/O LATE KURALAPPA
    R/AT NO.154, CHIKKASANDRA
    DASARAHALLI POST
    BANGALORE 560057
                                        ...APPELLANTS
(BY SMT V VIDHYA, ADVOCATE)

AND:

1.   MUNIYAMMA
     AGED ABOUT 80 YEARS
     W/O LATE KURALAPPA

2.   SRI NANJAPPA
     AGED ABOUT 61 YEARS
     S/O LATE KURALAPPA

3.   SRI MUNIYAPPA
     AGED ABOUT 75 YEARS
     S/O LATE MUTHAPPA

4.   SMT NANJAMMA
     AGED ABOUT 71 YEARS
     W/O LATE MUNIYAPPA

5.   SRI HANUMAPPA
     AGED ABOUT 59 YEARS
     S/O LATE MUTHAPPA

6.   SRI NAGARAJ
     AGED ABOUT 49 YEARS
     S/O LATE MUTHAPPA
     RESPONDENTS 1 TO 6 ARE
     RESIDENT OF CHOKKASANDRA VILLAGE
     DASARAHALLI POST
     YESHWANTHAPURA HOBLI
     BANGALORE NORTH TALUK 560022
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7.   CHIKKAPUTTAMMA
     D/O.LATE KURALAPPA,
     AGED ABOUT 58 YEARS,
     R/AT.CHOKKASANDRA VILLAGE,
     NEAR ANJANEYA TEMPLE,
     T.DASARAHALLI POST,
     BANGALORE-560057.

     DODDAPUTTAMMA
     SINCE DEAD BY HER LRs.

8.   SMT.LAKSHMAMMA,
     D/O.LATE DODDAPUTTAMMA,
     W/O.VENKATESHAPPA,
     AGED ABOUT 46 YEARS,
     R/AT.NO.2, NEAR GANESH TEMPLE,
     12TH CROSS ROAD, MUKTHINAGAR,
     KADUGONDANAHALLI,
     BANGALORE-560045.

9.   SMT NARAYANAMMA
     D/O.LATE DODDAPUTTAMMA,
     W/O.GOKULESH,
     AGED ABOUT 45 YEARS,
     R/AT.NEAR GOPAL KRISHNA,
     COURIER HOUSE, 3RD CROSS,
     NELAGADARANAHALLI,
     NAGASANDRA POST,
     BANGALORE-560073.

10 . SRI NARAYANA (NANJAPPA)
     S/O.HEMANNA &
     LATE SMT.DODDAPUTTAMMA,
     AGED ABOUT 41 YEARS,
     NO.268, GOVT.COLONY,
     NEAR LAKSHMI CLINIC,
     CHOKKASANDRA MAIN ROAD,
     T.DASARAHALLI POST,
     BANGALORE-560057.

11 . SRI HEMANNA
     AGED ABOUT 75 YEARS,
     NO.288, CHOKKASANDRA MAIN ROAD,
     GOVT.COLONY, T.DASARAHALLI POST,
     BANGALORE-560057.
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12 . SMT JAYAMMA
     D/O.LATE KURALAPPA,
     AGED ABOUT 65 YEARS,

13 . SMT SHARADAMMA
     D/O.LATE KURALAPPA,
     AGED ABOUT 60 YEARS,

14 . SMT AKKAYAMMA
     SINCE DEAD BY HER LR

    14 (a) RANGAPPA
    S/O LATE SMT AKKAYAMMA
    AGED ABOUT 52 YEARS,
    R/AT.CHOKKASANDRA,
    OLD TOWN,
    T.DASARAHALLI POST,
    BANGALORE-560057.

15 . SRI M RANGAPPA
     S/O LATE MUNISHAMAPPA,
     AGED ABOUT 60 YEARS,

    RESPONDENTS 12 TO 15 ARE
    R/AT.CHOKKASANDRA,
    OLD TOWN, T.DASARAHALLI POST,
    BANGALORE-560057.

16 . SMT MUTHAMMA
     D/O.MUNIYAPPA,
     AGED ABOUT 50 YEARS,

17 . SMT MAHESHWARAMMA
     D/O.MUNIYAPPA,
     AGED ABOUT 45 YEARS,

    RESPONDENTS 16 AND 17 ARE
    R/AT DODDAKUNTANAHALLI,
    BIDADI HOBLI,
    RAMANAGARAM TALUK 562109
                                          ...RESPONDENTS
(BY SRI P KRISHNAPPA, ADVOCATE FOR R2 TO R6, R16 & R17
 R1, R7, R11 TO R13, R14(a) & R15 SERVICE HELD SUFFICIENT
VIDE ORDER DATED 31.01.2019
R8 TO R10 ARE SERVED)
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      THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41
RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED
13.02.2013 PASSED IN OS NO. 2736/2001 ON THE FILE OF
THE XXII ADDL. CITY CIVIL AND SESSIONS JUDGE,
BANGALORE, DISMISSING THE SUIT FOR PARTITION AND
SEPARATE POSSESSION.


     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