Sri Muttaiah S/O Late Thimmaiah vs Smt Nagarathana N @ Rathna Punam
2023 Latest Caselaw 5642 Kant

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                                                           NC: 2023:KHC:29020-DB
                                                            RFA No. 328 of 2012




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 16TH DAY OF AUGUST, 2023

                                              PRESENT
                    THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
                                                AND
                           THE HON'BLE MR JUSTICE ANIL B KATTI
                    REGULAR FIRST APPEAL NO. 328 OF 2012 (DEC/INJ)


                   BETWEEN:

                        SRI MUTTAIAH
                        S/O LATE THIMMAIAH
                        AGED ABOUT 46 YEARS,
                        R/A SHETTIGOWANADODDI VILLAGE,
                        BIDADI HOBLI, RAMANAGARA TALUK
                        RAMANAGARA DISTRICT-562 159
                                                                     ...APPELLANT
                   (BY SRI.NARENDRA D.V.GOWDA, ADVOCATE)

                   AND:

                   1.   SMT.NAGARATHANA N.
                        @ RATHNA PUNAM
Digitally signed
by VALLI M              D/O S.NANJAPPA
                        AGED ABOUT 46 YEARS,
Location:
HIGH COURT              VARTHUR VILLAGE,
OF                      THAVAREKERE HOBLI,
KARNATAKA               BANGALORE SOUTH TALUK
                        BANGALORE RURAL DISTRICT-561 138

                   2.   SMT.JAYAMMA
                        W/O BHOGANNA
                        AGED ABOUT 55 YEARS

                   3.   KUMAR
                        S/O BHOGANNA
                        AGED ABOUT 35 YEARS
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                                     NC: 2023:KHC:29020-DB
                                       RFA No. 328 of 2012




4.   CHANDRASHEKAR
     S/O BHOGANNA
     AGED ABOUT 33 YEARS,

     RESPONDENTS 2 TO 4 ARE
     ALL RESIDING AT THAMMANNANA DODDI VILLAGE
     KENCHANAGUPPE DAKALE
     BIDADI HOBLI
     RAMANAGARA TALUK AND DISTRICT-562 159

5.   THE SUB-REGISTRAR
     RAMANAGARA TALUK,
     RAMANAGARA DISTRICT-562 159
                                             ...RESPONDENTS

(BY SRI.B.C.CHETHAN, ADVOCATE FOR R1
    VIDE ORDER DATED 07.08.2012 NOTICE TO R2 TO R5
     ARE DISPENSED WITH)

      THIS RFA IS FILED U/SEC.96 OF CPC, AGAINST THE
JUDGMENT AND DECREE DATED 30.11.2011 PASSED IN
O.S.124/2009 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND
CJM,   RAMANAGARA,    PARTLY   DECREEING   THE    SUIT  FOR
DECLARATION AND PERMANENT INJUNCTION.

     THIS APPEAL, COMING ON FOR "DISMISSAL OF THE APPEAL",
THIS DAY, Dr. H.B.PRABHAKARA SASTRY, J., MADE THE
FOLLOWING:



                            ORDER

Learned counsel for the appellant stating that Senior

Counsel is not in town, prayed for a short accommodation.

2. A perusal of the order sheet would go to show that

the appeal is of the year 2012, which in turn has arisen

NC: 2023:KHC:29020-DB RFA No. 328 of 2012

from the Original Suit of the year 2009, as such, it is

fourteen years old matter.

On 03.08.2023, one week's time was granted as

finally, making it clear that if, in case, needful is not done,

the appeal shall stand dismissed. Today, except praying

for time, no further submission is made including non-

filing of paper books. Hence, by virtue of order dated

03.08.2023, the appeal stands dismissed for non-filing of

paper books.

SD/-

JUDGE

SD/-

JUDGE

MV