Karnataka High Court
Sri Hanumanthappa vs Smt Rukkamma on 1 December, 2023
Author: V Srishananda
Bench: V Srishananda
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NC: 2023:KHC:43691
RFA No. 124 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR FIRST APPEAL NO. 124 OF 2014 (PAR)
BETWEEN:
1. SRI HANUMANTHAPPA
AGED ABOUT 62 YEARS
S/O LATE MUNINANJAPPA
R/A NO.132/1, 8TH CROSS
2ND MAIN, CHAMARAJPET
BANGALORE 18
SINCE DECEASED BY HIS LRS
1(a). R. KAMALAMA
W/O LATE M. HANUMANTHA
AGED ABOUT 76 YEARS
(DECEASED)
1(b). H. BANUPRIYA
D/O. LATE M. HANUMANTHA
AGED ABOUT 44 YEARS
Digitally
signed by R
MANJUNATHA BOTH R/A NO. 132/1, 8TH CROSS
Location: 2ND MAIN, CHAMARAJPET
HIGH COURT
OF BANGALORE 18
KARNATAKA
2. SRI RAGHUNATH
AGED ABOUT 53 YEARS
S/O LATE MUNINANJAPPA
R/A NO.32/7, 2ND MAIN, 2ND CROSS
AZADNAGARA, BANGALORE 18
...APPELLANTS
(BY SRI RAVI L VAIDYA, ADVOCATE)
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RFA No. 124 of 2014
AND:
1. SMT RUKKAMMA
AGED ABOUT 57 YEARS
W/O VENKATACHALAPATHI
R/A NO.32/1, 2ND MAIN,
2ND CROSS
AZADNAGARA,
BANGALORE 18
2. LATE SUBRAMANYA
S/O LATE MUNINANJAPPA
SINCE DECEASED BY HIS LRS
2(a). SMT. LAKSHMAMMA
AGED ABOUT 57 YEARS
W/O LATE SUBRAMANYA
(DECEASED)
2(b). RAJA ALIAS SUBBU
AGED ABOUT 42 YEARS
S/O LATE SUBRAMANYA
2(c). VENKATESH @ CHITTI
AGED ABOUT 39 YEARS
S/O LATE SUBRAMANYA
BOTH ARE R/A NO.14,
2ND MAIN
2ND CROSS,
AZADNAGARA,
CHAMARAJPET,
BANGALORE 18
3. SMT. JAYAMMA
AGED ABOUT 67 YEARS
W/O VENKATAPPA
R/A NO.401, YADHUKULA NILAYA
NORTH EXTENSION
CHIKKABALLAPURA
KOLAR DISTRICT
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RFA No. 124 of 2014
4. SMT. PADMAVATHI @ JAGADAMBA
AGED ABOUT 58 YEARS
W/O DR. T.V. MURTHY
R/A NO.159, BESAGARAHALLI CROSS
HOSAKERE POST,
MADDUR TALUK
MANDYA DISTRICT
SINCE DEASED BY HER LRS
4(a) B. V. PRAVEEN
AGED ABOUT 41 YEARS
S/O SMT. PADMAVATHI @ JAGADAMBA
4(b). B. V. PRAFULL
AGED ABOUT 37 YEARS
S/O SMT. PADMAVATHI
@ JAGADAMBA
BOTH ARE R/AT #101, 6TH CROSS
CONCORD LAYOUT
RAJARAJESHWARINAGAR
BANGALORE 60
5. SMT. LATE SAROJAMMA
W/O LATE MUNIVENKATAPPA
SINCE DECEASED BY HER LRS
5(a). SRI LAKSHMIKANTHA
AGED ABOUT 46 YEARS
S/O LATE MUNIVENKATAPPA
R/A NO.1533, 8TH CROSS
MUNESHWARA BLOCK
VENKATESHWARA THEATRE ROAD
G.E.T. POST, BANGALORE 26
5(b). SMT. HEMAVATHI
AGED ABOUT 42 YEARS
W/O T.S. BORALINGAIAH
WORKING IN BHEL
R/A NO.28, 8TH CROSS
HOSAKEREHALLI ROAD
BANGALORE 26
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RFA No. 124 of 2014
6. SMT. LATE LAKSHMAMMA
W/O SRIRAMULU
SINCE DECEASED BY LRS
6(a). S. JAGADEESH
AGED ABOUT 48 YEARS
S/O LATE SRIRAMULU
R/A NO.8/3, MUDALIAR COMPOUND
CHAMARAJPET,
BANGALORE 18
6(b). S. MOHAN
AGED ABOUT 52 YEARS
S/O LATE SRIRAMULU
R/A NO.62, 8TH MAIN CROSS
MYSORE ROAD CIRCLE
CHAMARAJPET,
BANGALORE 18
...RESPONDENTS
(BY SRI M.V. NAVEEN REDDY, ADVOCATE FOR R1, SRI
RAGHAVENDRA REDDY, ADV. FOR R4 (A & B) AND SRI
S.VASANTHA MADHAV, ADV. FOR R6(B))
***
RFA FILED UNDER SEC.96 OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 11.11.2013 PASSED IN
O.S.NO.8903/2001 ON THE FILE OF THE XVIII ADDL. CITY
CIVIL JUDGE, BANGALORE, DECREEING THE SUIT FOR
PARTITION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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RFA No. 124 of 2014
JUDGMENT
Case called out. None present on behalf of THE
appellants. Even on the last date of hearing also there was no
representation on behalf of appellant and in the interest of
justice this Court adjourned the matter to today.
2. The present appeal arises out of the suit for
partition, which came to be decreed granting 1/8th share to the
appellants. The suit is of the year 2001 and decree came to be
passed on 11.11.2013. Hence, there is no scope for further
adjourning the matter. Appeal is not yet admitted. Accordingly,
the appeal stands dismissed for non-prosecution.
Sd/-
JUDGE
VK
