Karnataka High Court
Rathnamma Since Dead By Lrs vs Munithayamma on 10 August, 2023
Bench: K.Natarajan
-1-
NC: 2023:KHC:28385
RFA No. 417 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
REGULAR FIRST APPEAL NO.417 OF 2023 (PAR)
BETWEEN:
1. RATHNAMMA
SINCE DEAD BY LRS
1(a) SRI VENKATESHAPPA,
S/O THIMMARAYAPPA,
AGED ABOUT 68 YEARS,
R/O NO 79, VENUGOPALASWAMY ROAD,
DEVANAHALLI 562 110.
1(B) SMT SOWBAGYAMMA
W/O NATARAJ,
AGED ABOUT 44 YEARS,
R/O PRASANNAHALLI,
Digitally signed DEVANAHALLI 562 110.
by VANDANA S
Location: High 1(C) SMT YASHODAMMA
Court of D/O THIMMARAYAPPA,
Karnataka AGED ABOUT 44 YEARS,
R/O DODDAGOLLAHALLI,
ALURDUDDANAHALLI,
DEVANAHALLI 562 110.
1(D) SRI MANJUNATH A
S/O VENKATESHAPPA,
AGED ABOUT 42 YEARS,
R/O NO 883, GORIBAGILU,
DEVANAHALLI 562 110.
-2-
NC: 2023:KHC:28385
RFA No. 417 of 2023
1(E) SRI V MUNIRAJU
S/O VENKATESHAPPA,
AGED ABOUT 41 YEARS,
R/O NO 883, MAJIGEYAVARA STREET,
DEVANAHALLI 562 110.
...APPELLANTS
(BY SRI. VISHWANATH H M., ADVOCATE)
AND:
1. MUNITHAYAMMA
SINCE DEAD BY LRS.
1(A) S MANJUNATH,
S/O SHAMANNA,
AGED ABOUT 38 YEARS,
1(B) S BYREGOWDA
S/O SHAMANNA,
AGED ABOUT 36 YEARS,
1(C) SHAMANNA
S/O. BYRAPPA
AGED ABOUT 75 YEARS
LRS 1 TO 3 ARE RESIDING AT
DODDAGOLLAHALLI,
ALURUDUDDANAHALLI POST,
KUNDANA HOBLI,
DEVANAHALLI TALUK 562 110.
1(D) ARUNA
W/O RAJANNA,
AGED ABOUT 40 YEARS,
R/O MARALAHALLI,
TUBUGERE HOBLI,
DODDABALLAPURA 561 205.
2. CHENNEGOWDA
S/O LATE ANJINAPPA,
AGED ABOUT 55 YEARS,
-3-
NC: 2023:KHC:28385
RFA No. 417 of 2023
R/O ALRUDUDDANAHALLI, KOIRA POST,
KUNDANA HOBLI,
DEVANAHALLI TALUK 562 110.
3. SMT RATHNAMMA
D/O LATE ANJINAPPA,
AGED ABOUT 64 YEARS,
R/O DODDACHEEMANAHALLI,
KUNDANA HOBLI,
DEVANAHALLI TALUK 562 110.
4. SMT JAYAMMA @ LAKSHMAMMA
W/O RAMANJINAPPA
AGED ABOUT 57 YEARS,
R/O VARADANAHALLI,
BASHETTIHALLI POST,
DODDABALLAPURA 560 203.
5. SMT VANAJAKSHI
W/O NARAYANA GOWDA,
AGED ABOUT 53 YEARS,
R/O RAMANATHAPURA,
KOIRA POST, KUNDANA HOBLI,
DEVANAHALLI TALUK 562 110.
6. SRI B NANJUNDAIAH
S/O LATE N BASAPPA,
AGED ABOUT 81 YEARS,
R/O HUNASEMARANAHALLI,
JALA HOBLI,
BENGALURU NORTH TALUK 562 157.
7. SMT PUSHPALATHA
W/O H ANJINAPPA,
AGED ABOUT 47 YEARS,
R/O JYOTHIPURA VILLAGE,
KUNDANA HOBLI,
DEVANAHALLI TALUK 562 110.
8. SRI N MUNIANJINAPPA
SINCE DEAD BY LRS
-4-
NC: 2023:KHC:28385
RFA No. 417 of 2023
8(A) SRI ANAND KUMAR S/O LATE MUNIANJINAPPA,
AGED ABOUT 30 YEARS,
8(B) SRI VIJAYKUMAR S/O LATE MUNIANJINAPPA,
AGED ABOUT 30 YEARS,
8(C) SRI THIMMARAYAPPA
S/O LATE MUNIANJINAPPA,
AGED ABOUT 25 YEARS,
8(D) SMT CHANDRAMMA
D/O LATE MUNIANJINAPPA,
AGED ABOUT 32 YEARS,
8(E) SMT SUJATHAMMA W/O RAJANNA,
AGED ABOUT 40 YEARS,
R-7(A) TO (E) ARE
R/O ARUVANAHALLI, KUNDANA HOBLI,
DEVANAHALLI TALUK 562 110.
8(F) SMT SAKAMMA W/O KIRAN KUMAR,
AGED ABOUT 38 YEARS,
R/O NANDI VILLAGE AND POST, NANDI HOBLI
DODDABALLAPURA DISTRICT 562 103.
8(G) SMT MANJULA W/O JAYARAMAIAH,
AGED ABOUT 35 YEARS,
R/O GANDARAJAPURA, RAJAGHATTA POST,
DODDABALLAPURA TALUK 561 203.
...RESPONDENTS
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41
RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE
DATED 01.09.2022 PASSED IN OS NO.1839/2006 ON THE FILE
OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC,
DEVANAHALLI, PARTLY DECREEING THE SUIT FOR PARTITION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
-5-
NC: 2023:KHC:28385
RFA No. 417 of 2023
JUDGMENT
Learned counsel for the appellants has filed a memo
seeking to dismiss the appeal as not pressed.
2. The said memo is placed on record.
3. Appeal is dismissed as not pressed.
Sd/-
JUDGE
SV
