Smt M P Kamala Poovanna W/O Late M B ... vs M B Nanjamma W/O Late Belliappa
2023 Latest Caselaw 10924 Kant

Karnataka High Court

Smt M P Kamala Poovanna W/O Late M B ... vs M B Nanjamma W/O Late Belliappa on 18 December, 2023

Author: V Srishananda

Bench: V Srishananda

                                           -1-
                                                      NC: 2023:KHC:46019
                                                   RFA No. 2193 of 2006



                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                     DATED THIS THE 18TH DAY OF DECEMBER, 2023
                                         BEFORE
                      THE HON'BLE MR JUSTICE V SRISHANANDA
                    REGULAR FIRST APPEAL NO. 2193 OF 2006 (PAR)
              BETWEEN:
              1. SMT. M.P.KAMALA POOVANNA
                 AGED 65 YEARS
                 W/O. LATE M B POOVANNA

                    SINCE DEAD, REP. BY
                    LEGAL REPRESENTATIVE -
Digitally           APPELLANT NO.2, VIDE COURT
signed by R
MANJUNATHA          ORDER DATED 11.04.2011
Location:
HIGH COURT    2.  SRI M P RASANNA
OF
KARNATAKA         AGED 22 YEARS
                  S/O LATE M B POOVANNA
                  RESIDING AT KADANOOR
                  VILLAGE AND POST,
                  VIRAJPET TALUK, KODAGU DISTRICT - 571 218.
                                                         ...APPELLANTS
              (BY SRI. K SAROJINI MUTHANNA, ADVOCATE FOR A2)

              AND:
              1. M B NANJAMMA
                 AGED 58 YEARS
                 W/O LATE BELLIAPPA

              2.    M B BHEEMAIAH
                    AGED 30 YEARS
                    S/O LATE BELLIAPPA

              3.    M B SOMAIAH
                    AGED 28 YEARS
                    S/O LATE BELLIAPPA

                    ALL ARE RESIDENTS OF CHIKPET,
                    VIRAJPET, KODAGU DISTRICT - 571 218.

              4.    SMT SHARADA
                            -2-
                                       NC: 2023:KHC:46019
                                   RFA No. 2193 of 2006



     MAJOR, W/O LATE CHENGAPPA
     NO.446, 1ST CROSS,
     ANJANEYA TEMPEL ROAD
     KUVEMPUNAGAR, MYSORE - 570 023.

     (V/O DATED 3/1/2023 EXEMPTED FROM
      BRINGING LR'S)

5.   P S KAVERIAPPA
     MAJOR, KUNJALGERI VILLAGE
     BELLUMADU POST, KODAGU DISTRICT - 571 218.

     DELETED VIDE COURT ORDER DT.14.03.2011

6.   M U ACHAIAH
     MAJOR , S/O LATE UTHAPPA

7.   M U PONNAPPA
     MAJOR , S/O LATE UTHAPPA

     RESPONDENT NOS.6 & 7 ARE RESIDENT OF
     FIELD MARSHAL CARIAPPA ROAD
     MADIKERI, KODAGU - 571 201.
                                        ...RESPONDENTS

(BY SRI. RAHUL KARIAPPA, ADVOCATE FOR R1 & R3,
R2(A TO C);
    VIDE ORDER DATED 14/03/2011 R5 IS DELETED;
[VIDE ORDER DATED 03/01/2023, IA 1/21 IS ALLOWED AND
APPELLANT ARE EXEMPTED FROM BRINGING LR'S OF
DECEASED R4 ON RECORD]
[VIDE ORDER DATED 04/07/2023 R2- DEAD AND THE
ADVOCATE FOR APPELLANT HAS FILED IA 2/23 TO IA 4/23 FOR
BRINGING LR'S OF DECEASED R2 ARE DISMISSED FOR NON-
PROSECUTION V/O DATED 02/11/2023]

     THIS RFA IS FILED U/S 96 OF CPC SEEKING TO SET
ASIDE THE JUDGEMENT AND DECREE DT. 05.07.2006 PASSED
IN   BY  THE    CIVIL JUDGE   (SR.DN.) VIRAJPET,  IN
O.S.NO.44/2003.

    THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                               -3-
                                          NC: 2023:KHC:46019
                                       RFA No. 2193 of 2006




                         JUDGMENT

None present on behalf of the appellants even in the

second round of calling of cases. Amendment not carried out

and amended cause-title not filed.

2. Accordingly, the appeal stands dismissed for non-

prosecution.

Sd/-

JUDGE

BSS