Smt M Gowramma W/O Y B Basavanna vs M Nagaraju S/O Late M Mariappa
2023 Latest Caselaw 5897 Kant

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                                                NC: 2023:KHC:30192
                                               RFA No. 151 of 2006




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 23RD DAY OF AUGUST, 2023

                                    BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                   REGULAR FIRST APPEAL NO.151 OF 2006(PAR)
            BETWEEN:

            1. SMT M GOWRAMMA
               W/O Y B BASAVANNA
               AGED ABOUT 57 YEARS
               R/O NO.1096, (UPSTAIRS)
               NAGARAJANILAYA, KANCHUGARA
               ROAD, SUNNADAKERI,
               K.R.MOHALLA, MYSORE -570 004

            2. SRI M.RAMESH
               S/O LATE MARIAPPA
               AGED ABOUT 56 YEARS
               R/AT NO.809,
               SIDDAPAJI GUNDI ROAD
               LASHKAR MOHALLA,
               GANDHI SQUARE
               MYSORE - 570 001
Digitally                                            ...APPELLANTS
signed by
MALATESH
KC          (BY SRI B V RAMAN, SMT.D.L.LATHA AND
Location:   SRI M.N.NARENDRA, ADVOCATES -ABSENT)
HIGH
COURT OF
KARNATAKA   AND:

            1.    M NAGARAJU
                  MAJOR
                  S/O LATE M MARIAPPA
                  SENIOR SCIENTIST,
                  C.M.T.P, TUMKUR ROAD
                  BANGALORE-22.
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                                        NC: 2023:KHC:30192
                                       RFA No. 151 of 2006




2.   M SATHYAN
     MAJOR, S/O LATE M.MARIAPPA
     R/O NO.809, SIDDAPPAJIGUDI ROAD
     LASHKAR MOHALLA,
     GANDHI SQUARE
     MYSORE-570 012

3.   M BALAKRISHNA
     MAJOR,
     S/O LATE M.MARIAPPA

4.   M RAMESH
     MAJOR,
     S/O LATE M.MARIAPPA

5.   SMT SUJATHA
     MAJOR,
     W/O LATE M.RAJENDRA KUMAR

6.   KIRAN KUMAR
     MAJOR,
     S/O LATE M.RAJENDRA KUMAR

7.   M SRINIVASA KUMAR
     MAJOR,
     S/O LATE M.MARIAPPA

     RESPONDENTS NO.2 TO 7 ARE
     STAYING AT
     NO.809, SIDDAPPAJIGUDI ROAD
     LASHKAR MOHALLA,
     GANDHI SQUARE
     MYSORE -570 001

8.   G REVANNA
     AGED ABOUT 70 YEARS
     H/O LATE SMT PREMALATHA
     NO.324, BINNAMANGALA, II STAGE,
     INDIRANAGAR
     BANGALORE-38.
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                                      NC: 2023:KHC:30192
                                     RFA No. 151 of 2006




9.   M SWARNALATHA
     MAJOR,
     W/O SHANKARAPRASAD &
     D/O LATE PREMALATHA
     R/O NO.894, IV & V BLOCK
     CHITRABANU ROAD,
     KUVEMPU NAGAR
     MYSORE -570 023

10. G PRAKASH
    MAJOR,
    S/O G.REVANNA @ LATE SMT.PREMALATHA,
    NO.324, BINNAMANGALA
    II STAGE, INDIRANAGARA
    BANGALORE-560 038

11. PUSHPALATHA,
    MAJOR
    D/O G.REVANNA AND
    LATE SMT.PREMALATHA,
    NO.324, BINNAMANGALA
    II STAGE, INDIRANAGAR
    BANGALORE-560 038

12. SMT ASHALATHA
    MAJOR,
    D/O G.REVANNA &
    LATE SMT.PREMALATHA
    BINNAMANGALA
    II STAGE, INDIRANAGAR,
    BANGALORE-560 038

13. M SARASWATHI
    MAJOR,
    W/O SUBBANAYAKA &
    D/O LATE M.MARIAPPA
    NO.116/8, 5TH CROSS, 8TH MAIN,
    HANUMANTHANAGAR
    BANGALORE -560 020
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                                      NC: 2023:KHC:30192
                                     RFA No. 151 of 2006




14. SMT M PADMA
    MAJOR
    W/O TIMMAYYA
    & D/O LATE M.MARIAPPA
    No.107-A, I MAIN ROAD
    3RD CROSS, PRAKASHNAGAR
    BANGALORE-79

15. SMT H GANGAMMA
    MAJOR
    W/O MADANAYKA &
    D/O LATE M.MARIAPPA
    NO.AF QUARTERS,
    HOUSING BOARD COLONY
    MIG SUB DIVISION,
    CHALLAKERE-577 522.

16. SMT M PRABHAVATHI
    MAJOR,
    W/O M.MAHADEVAPPA
    D/O LATE M.MARIAPPA,
    NO.483, 11TH MAIN ROAD
    MAGADI CROSS ROAD,
    VIJAYANAGAR
    BANGALORE-40
                                            ...RESPONDENTS
(BY SRI P S MALIPATIL, ADVOCATE FOR R1;
SRI B.K.MANJUNATH, ADVOCATE FOR R12;
SRI RAVIPRAKASH T. AVIN, ADVOCATE FOR R4;
SRI S.RUPESH KUMAR, ADVOCATE FOR R7;
R9 TO R12 ARE LEGAL REPRESENTATIVES OF R8;
R2, R3, R5, R6, R13, R14, R15, R16 NOTICE SERVED)

     THIS RFA IS FILED UNDER ORDER 41 RULE 1 R/W
SECTION 96 OF CIVIL PROCEDURE CODE AGAINST THE
JUDGMENT AND DECREE DATED        30.09.2005 PASSED IN
O.S.NO.185/95 ON THE FILE OF JUDGE, SMALL CAUSES AND
ADDL. CIVIL JUDGE (SR.DN), MYSORE DISMISSING THE SUIT
FOR PARTITION, MESNE PROFITS, CANCELLATION OF
PARTITION AND ALSO FOR PARTITION.
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                                              NC: 2023:KHC:30192
                                           RFA No. 151 of 2006




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

Case called twice. None present on behalf of appellant.

Appeal was admitted on 26.10.2009. Thereafter, there is

no progress. On 11.08.2023, this Court noted the absence of

counsel for appellant and suo motu adjourned the matter to

today for addressing arguments. On 18.07.2023, as a last

chance, two weeks' time was granted at the request of counsel

for appellants to take necessary steps in respect of respondent

Nos.1 and 4. No steps are taken as against respondent Nos.1

and 4 and therefore, this Court dismissed the appeal as against

them, as abated.

The suits are of the year 1998 and 1995. Under such

circumstances, there is no justification in further granting time

for the appellant to address the arguments.

Accordingly, appeal is dismissed for non prosecution.

Sd/-

JUDGE

kcm