Krishna vs Sri. K. Vishwanatha Nayak
2023 Latest Caselaw 6026 Kant

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                                                             NC: 2023:KHC:30802
                                                            RFA No. 985 of 2014




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 29TH DAY OF AUGUST, 2023

                                               BEFORE
                              THE HON'BLE MR JUSTICE V SRISHANANDA
                            REGULAR FIRST APPEAL NO. 985 OF 2014 (PAR)
                      BETWEEN:

                            KRISHNA,
                            S/O K. VISHWANATHA NAYAK,
                            AGED ABOUT 29 YEARS,
                            R/O NO.23, 7TH MAIN ,
                            KARAGAPPA GARDEN,
                            S.R.NAGAR,
                            BANGALORE - 560 027.
                                                                   ...APPELLANT
                      (BY SMT. SHANTHA B. MULLUR, ADVOCATE FOR
                          SRI. GURUDEV GACHCHINAMATH, ADVOCATE)

                      AND:

                      1.     SRI. K. VISHWANATHA NAYAK,
Digitally signed by
LAKSHMINARAYAN
                             S/O LATE MUNISWAMAPPA NAYAK,
N
Location: High
                             AGED ABOUT 59 YEARS,
Court of Karnataka
                             R/O NO.36, "PAPAMMA NILAYA",
                             CHOULE GALLI,
                             RAMANNAPET, CUBBONPET,
                             BANGALORE - 560 002.

                      2.     SRI. HEMANTH KUMAR NAIK,
                             S/O M.VISHWANATH NAIK
                             SINCE DECEASED BY HIS LRS
                      2(a) SMT. NIRMALA,
                           W/O HEMANTH KUMAR NAIK,
                           -2-
                                      NC: 2023:KHC:30802
                                     RFA No. 985 of 2014




     AGED MAJOR,
     OCC: HOUSE HOLD WORK,
     R/O NO.36, CHOULAGALLI, RAMANNAPET,
     BANGALORE - 560 002.

3.   SRI. DHANUSH,
     S/O LATE HEMANTH NAIK,
     SINCE MINOR REPRESENTED BY MINOR,
     GUARDIAN MOTHER,
     SMT.NIRMALA,
     W/O LATE HEMANTH NAIK,
     AGED MAJOR,
     OCC: HOUSE HOLD WORK,
     R/O NO.36, CHOULAGALLI,
     RAMANNAPET,
     BANGALORE - 560 002.

4.   SMT. PREMALATHA V.,
     D/O M. VISHWANATH NAYAK,
     AGED ABOUT 27 YEARS,
     R/O NO.36, CHOULAGALLI,
     RAMANNA PET,
     BANGALORE - 560 002.
                                         ...RESPONDENTS
(BY SRI. GANGADHAR AITHAL, ADVOCATE FOR R1;
    R2 (B) - MINOR REPRESENTED BY R2 (A);
    R2 (A) - HELD SUFFICIENT, VIDE ORDER DATED
    15.12.2017;
    R3 - IS HELD SUFFICIENT, VIDE ORDER DATED 24.6.2016)

     THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 18.3.2014 PASSED IN
O.S.NO.1470/2005 ON THE FILE OF THE I ADDL. CITY CIVIL
AND SESSIONS JUDGE, BANGALORE, DISMISSING THE SUIT
FOR PARTITION AND SEPARATE POSSESSION.
                                 -3-
                                              NC: 2023:KHC:30802
                                             RFA No. 985 of 2014




       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                           JUDGMENT

Cost imposed by this Court on 23.11.2022 is not paid

till today. Hence, the appeal is dismissed for non

prosecution.

Sd/-

JUDGE

HDK

CT:STK