Karnataka High Court
Sri T.S. Bhaskar Naidu vs Sri T .S Sathyanarayana Naidu on 14 December, 2023
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2023:KHC:45587
RFA No. 1535 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
REGULAR FIRST APPEAL NO. 1535 OF 2023 (PAR)
BETWEEN:
SRI T.S. BHASKAR NAIDU
SINCE DIED HIS LEGAL REPRESENTATIVES,
1. SRI. T. B. GOPINATH,
S/O LATE BHASKARA NAIDU,
AGED ABOUT 58 YEARS,
2. SRI. T. B. SRINATH,
S/O LATE BHASKARA NAIDU,
AGED ABOUT 66 YEARS,
Digitally
signed by
VANDANA S 3. SMT. SUMITHRA,
Location: W/O LATE BHASKAR NAIDU,
HIGH AGED ABOUT 82 YEARS,
COURT OF
KARNATAKA
APPELLANTS NO. 1 TO 3 ARE THE
RESIDENTS FO GANAPATHY BEEDI,
PANJARPET, VIRAJPET TOWN AND POST,
VIRAJPET TALUK, S. KODAGU - 571 218,
4. SRI T.S. KRISHNA SWAMY NAIDU,
AGED ABOUT 74 YEARS,
ABOVE 1 TO 3 SONS OF
LATE SRI. SEETHARAMA NAIDU,
RESIDING AT TELUGARA STREET,
VIRAJPET TOWN.
SRI. T.S. VASU NAIDU,
SINCE DIED HIS LEGAL HEIRS ARE;
5. SMT. PUSHPA,
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RFA No. 1535 of 2023
W/O LATE T.S. VASU NAIDU,
AGED ABOUT 69 YEARS,
6. SMT. CHAITHRA T.V,
D/O LATE T.S. VASU NAIDU,
AGED ABOUT 45 YEARS,
7. SRI. CHETHAN T.V,
S/O LATE T.S. VASU NAIDU,
AGED ABOUT 42 YEARS,
APPELLANTS NO. 5 TO 7 ARE THE
RESIDENTS OF TELUGARA STREET,
VIRAJPET TOWN AND POST,
S. KODAGU - 571 218.
SRI.T.S. MEENAKSHI,
(DIED ON 11-06-2002) BY HER LRS,
8. SRI. T.H. GANESH,
AGED 63 YEARS,
S/O LATE MEENAKSHI,
RESIDING AT MAHADEVPET,
MADIKEREI - 571 201.
SRI. T.H. RAMESH,
(DIED ON 21-08-2017, RIGHT SURVIVES
ON OTHER PETITIONERS),
9. SRI. T.H. UDAYA KUMAR,
AGED 50 YEARS,
S/O LATE MEENAKSHI,
RESIDING AT UDAYA NILAYA,
MAHADEVPET, MADIKERI - 571 201.
10. SMT. T.H. INDIRAVATHI,
AGED 60 YEARS,
D/O LATE MEENAKSHI,
RESIDING AT NO. 47, 14TH CROSS,
RAMANUJA ROAD, MYSORE - 570 004.
11. SMT. H. LALITHA,
AGED 57 YEARS,
D/O LATE MEENAKSHI,
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NC: 2023:KHC:45587
RFA No. 1535 of 2023
RESIDING AT HEMARAJU NILAYA,
MAHADEVPET, MADIKERI,
KODAGU DISTRICT-571 201.
12. SMT. T.H. GAYATHRI,
AGED 55 YEARS,
D/O LATE MEENAKSHI,
RESIDING AT SANYASI HALLI, BELOOR,
HASSAN DISTRICT - 573 115.
13. SMT. T.R. PARVATHY,
AGED ABOTU 79 YEARS,
W/O LATE SRI. RAMASWAMY NAIDU,
14. SRI. T.R. MANJUNATHA NAIDU,
AGED ABOUT 65 YEARS,
15. SRI. T.R. CHANDRA NAIDU,
AGED ABOUT 63 YEARS,
16. SMT. T.R. LALITHA
AGED ABOUT 61 YEARS,
17. SMT. T.R. PUSHPAVATHY,
AGED ABOUT 49 YEARS,
18. SMT. T.R. JAYANTHI,
AGED ABOUT 49 YEARS,
19. SMT. T.R. SHOBHA,
AGED ABOUT 45 YEARS,
APPELLANTS 8 TO 14 ARE CHILDERN OF
LATE RAMASWAMY NAIDU,
RESIDING BENGALI STREET,
VIRAJPET TOWN, VIRAJPET - 571 218.
20. SMT. T.S. LAXMAMMA,
AGED ABOUT 89 YEARS,
W/O LATE SEETHARAMA NAIDU,
RESIDING AT TELUGU STREET, VIRAJPET,
KODAGU - 571 218.
...APPELLANTS
(BY SRI. Y.K. NARAYANA SHARMA, ADVOCATE)
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NC: 2023:KHC:45587
RFA No. 1535 of 2023
AND:
SRI. T.S. SATHYANARAYANA NAIDU.
AGED ABOUT 80 YEARS,
S/O LATE SEETHARAMA NAIDU,
RESIDING AT TELUGU STREET,
VIRAJPET, KODAGU - 571 218.
...RESPONDENT
THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST
THE ORDER DATED 19.11.2019 PASSED IN FDP NO.1/2010 ON THE
FILE OF THE SENIOR CIVIL JUDGE AND JMFC, VIRAJPET,
ALLOWING THE PETITION FILED UNDER ORDER XX RULE 18 R/W
SEC.54 OF CPC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellants seeks to withdraw the
appeal with liberty to prefer an appeal before the jurisdictional
Appellate Court.
2. The said submission is placed on record.
3. Appeal is disposed of as withdrawn reserving liberty
in favour of the appellants to prefer an appeal before the
appropriate jurisdictional Appellate Court.
4. If such an appeal is filed by the appellants before the
jurisdictional Appellate Court within a period of six weeks from
today, appellants would be entitled to the benefit of Section 14 of
the Limitation Act.
NC: 2023:KHC:45587
5. Registry is directed to return all the papers to the
learned counsel for the appellants forthwith, without any delay.
Sd/-
JUDGE
GPG
CT: BHK
