Mr R Kirubanathan vs Mrs. Maya Devi
2023 Latest Caselaw 10441 Kant

Karnataka High Court

Mr R Kirubanathan vs Mrs. Maya Devi on 13 December, 2023

Author: V Srishananda

Bench: V Srishananda

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                                                      NC: 2023:KHC:45399
                                                     RFA No. 956 of 2009




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 13TH DAY OF DECEMBER, 2023

                                       BEFORE
                      THE HON'BLE MR JUSTICE V SRISHANANDA
                    REGULAR FIRST APPEAL NO. 956 OF 2009 (PAR)
              BETWEEN:

                    MR. R. KIRUBANATHAN,
                    S/O LATE M.RANGASWAMY,
                    AGED ABOUT 82 YEARS,
                    R/AT NO.7,
                    BROOK BOND FIELD ROAD,
                    KUNDALAHALLI,
                    BANGALORE - 37.
                                                            ...APPELLANT
              (BY SRI. V. RAGHAVENDRA, ADVOCATE)

              AND:

              1.    MRS. MAYA DEVI,
                    W/O LATE V.GURUMURTHY,
Digitally           AGED ABOUT 72 YEARS,
signed by R
MANJUNATHA          NO.8/1, CHARLES CAMPBELL ROAD,
Location:           COX TOWN,
HIGH COURT
OF                  BANGALORE - 560 005.
KARNATAKA

              2.    MR. R.P. KUMAR,
                    S/O LATE R.PARASHURAMAN,
                    AGED ABOUT 55 YEARS.

              3.    MR. VISHWANATHAN,
                    S/O LATE R. PARASHURAMAN,
                    AGED ABOUT 50 YEARS.
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                                       NC: 2023:KHC:45399
                                      RFA No. 956 of 2009




4.   MS. VIMALA,
     D/O LATE R. PARASHURAMAN,
     AGED ABOUT 47 YEARS.

5.   MR. PRADEEP,
     S/O LATE R. PARASHURAMAN,
     AGED ABOUT 38 YEARS.

6.   MRS. SHEELA,
     W/O LATE PADMANABHAN,
     AGED ABOUT 47 YEARS.

7.   MISS. P.KUMUDHINI,
     D/O LATE PADMANABHAN,
     AGED ABOUT 26 YEARS.

8.   MISS. P.GAYATHRI,
     D/O LATE PADMANABHAN,
     AGED ABOUT 25 YEARS.

     APPELLANTS NO.3 TO 9 ARE
     R/AT NO.31, BUDDHA VIHAR ROAD,
     FRASER TOWN, BANGALORE - 05.
                                          ...RESPONDENTS
(BY SRI. V.N. JAGADEESH, ADVOCATE FOR R1;
    SRI. G.R. MOHAN, ADVOCATE FOR R2 TO R6 AND R8;
    NOTICE TO R7 SERVED BUT UNREPRESENTED)

      THIS RFA IS FILED U/O XLI RULE 1 R/W SEC.96 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED:19.6.2009
PASSED IN OS.NO.6476/2002 ON THE FILE OF THE XXII ADDL.
CITY CIVIL JUDGE, BANGALORE, DISMISSING THE SUIT FOR
PARTITION & SEPARATE POSSESSION.
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                                        NC: 2023:KHC:45399
                                       RFA No. 956 of 2009




      THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE

COURT MADE THE FOLLOWING:

                           ORDER

Memo is filed reporting the death of the sole

appellant on 08.02.2017.

2. Learned counsel also submits that despite his best

efforts, he is unable to get the details of the legal

representatives of the deceased sole appellant.

3. Placing the submissions on record, the appeal

stands dismissed as abated.

Sd/-

JUDGE

CH

CT:SNN