Karnataka High Court
Lakshmiaiah S/O Kurubara ... vs Bylahanumaiah Father'S Name Not ... on 28 August, 2023
Bench: V Srishananda
-1-
NC: 2023:KHC:30638
RFA No. 2221 of 2006
C/W RFA No. 699 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR FIRST APPEAL No.2221 OF 2006(PAR)
C/W REGULAR FIRST APPEAL No.699 OF 2016(SP)
IN R.F.A.NO.2221/2006
BETWEEN:
1. LAKSHMIAIAH
S/O KURUBARA YELLAPPA
SINCE DEAD BY LEGAL REPRESENTATIVES
2. L MUNIYAPPA
SON OF LAKSHMAIAH
DEAD BY LEGAL REPRESENTATIVES
2(a) AMARANARAYANA
SON OF LATE MUNIYAPPA
AGED ABOUT 90 YEARS
Digitally
signed by 2(b) SRI MUNI KRISHNAPPA
MALATESH SON OF LATE MUNIYAPPA
KC
Location:
AGED ABOUT 38 YEARS
HIGH
COURT OF
KARNATAKA 2(c) SRI RAVIKUMAR
SON OF LATE MUNIYAPPA
AGED ABOUT 37 YEARS
2(d) SRI SUBRAMANI
SON OF LATE MUNIYAPPA
AGED ABOUT 32 YEARS
2(e) SMT MUNILAKSHMAMMA
D/OF LATE MUNIYAPPA
AGED ABOUT 57 YEARS
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NC: 2023:KHC:30638
RFA No. 2221 of 2006
C/W RFA No. 699 of 2016
R/AT NO.341,
DASARAHALLY,
YESWANTHAPURA HOBLI
BANGALORE NORTH TALUK-560 072
...APPELLANTS
(BY SRI G S SRIKANTESHWARAN, ADVOCATE -ABSENT)
AND:
1. BYLAHANUMAIAH
FATHER'S NAME NOT KNOWN TO THE PLAINTIFFS
AGED ABOUT 60 YEARS
RESIDING AT CHANNA NAYAKANA PALYA
NAGASANDRA POST
BANGALORE NORTH TALUK-560 072
2. L MUNIYELLAPPA
SON OF LAKSHMAIAH
AGED ABOUT 58 YEARS
RESIDING AT NO.341,
DASARAHALLY
YESWANTHAPURA HOBLI
BANGALORE NORTH TALUK-560 072
...RESPONDENTS
(VIDE ORDER DATED 11.08.2023, APPEAL AGAINST R1
STANDS DISMISSED AS ABATED;
R2 SERVED)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF CIVIL PROCEDURE CODE AGAINST THE JUDGEMENT
AND DECREE DATED 01.09.2006 PASSED IN OS.NO.355/1990
ON THE FILE OF THE 15TH ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BANGALORE, DISMISSING THE SUIT FOR
POSESSION AND PERMANENT INJUNCTION.
IN R.F.A.NO.699/2016
BETWEEN:
SRI BYLA HANUMAIAH
AGED ABOUT 57 YEARS
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RFA No. 2221 of 2006
C/W RFA No. 699 of 2016
S/O HANUMAIAH
RESIDING AT CHANNANAYAKANAPALYA VILLAGE
NAGASANDRA POST
BANGALORE NORTH TALUK -560 025
...APPELLANT
(BY SRI MUKKANNAPPA.S.B, ADVOCATE)
AND :
SMT MUNILAKSHMAMMA
DIED ON 26.10.2007
LEGAL REPRESENTATIVES ARE
ALREADY ON RECORD
1. SRI AMAR NARAYAN
AGED ABOUT 56 YEARS,
S/O LATE L.MUNIYAPPA,
2. SRI MUNIKRISHNAPPA
AGEE ABOUT 53 YEARS,
S/O LATE L. MUNIYAPPA,
3. SRI RAVIKUMAR
AGEE ABOUT 50 YEARS,
S/O LATE L.MUNIYAPPA,
4. SRI SUBRAMANI
AGED ABOUT 56 YEARS,
S/O LATE L.MUNIYAPPA.
Sl.No.1 to 4 ARE RESIDING AT
No.341, DASARAHALLI
YESHWANTHPUR HOBLI
BANGALORE NORTH TALUK -560025
MUNIYELLAPPA
DIED ON 22.10.2007
REPRESENTED BY HIS LEGAL REPRESENTATIVES
5. SMT.BASAMMA,
AGED ABOUT 55 YEARS,
W/O LATE MUNIYELLAPPA,
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RFA No. 2221 of 2006
C/W RFA No. 699 of 2016
6. SRI VASANTHKUMAR.M
AGED ABOUT 41 YEARS,
S/O LATE MUNIYELLAPPA,
7. SRI SHAM.M
AGED ABOUT 48 YEARS,
S/O LATE MUNIYELLAPPA,
8. SMT.MANGALA
AGED ABOUT 38 YEARS,
D/O LATE MUNIYELLAPPA,
W/O MUNIRAJU
ALL ARE RESIDING AT
NO.341, LAKSHMAIAH BUILDING
NEAR STANDARD SCHOOL
T.DASARAHALLI
BANGALORE - 560 057
9. SRI GOVINDAPPA
AGED ABOUT 78 YEARS,
S/O LATE HANUMANARASAIAH,
NO.489, GOVINDAPPA GALLI,
HESARGHATTA MAIN ROAD,
T.DASARAHALLI,
YESHWANTHPUR HOBLI,
BANGALORE NORTH TALUK-560 025
...RESPONDENTS
(BY SRI KRISHNA REDDY.G.V FOR C/R9 (CP No.113/16)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND
DECREE DATED 25.01.2016 PASSED IN O.S.No.10112/2006 ON
THE FILE OF THE XI ADDITIONAL CITY CIVIL JUDGE,
BENGALURU CITY (CCH 8), DISMISSING THE SUIT FOR
SPECIFIC PERFORMANCE.
THESE APPEALS COMING ON FOR HEARING THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2023:KHC:30638
RFA No. 2221 of 2006
C/W RFA No. 699 of 2016
JUDGMENT
Case called twice. None present on behalf of appellants.
The appeals are of the year 2006 and 2016, respectively.
Despite granting sufficient time, appellants have not shown
interest in prosecuting the appeals further. Accordingly,
appeals stand dismissed for non prosecution.
Sd/-
JUDGE
kcm
