Smt Lakshmamma @ Chikkathayamma vs Smt Doddalingamma
2023 Latest Caselaw 9687 Kant

Karnataka High Court

Smt Lakshmamma @ Chikkathayamma vs Smt Doddalingamma on 7 December, 2023

Author: V Srishananda

Bench: V Srishananda

                                           -1-
                                                   NC: 2023:KHC:44524
                                                  RFA No. 572 of 2008




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 7TH DAY OF DECEMBER, 2023

                                      BEFORE
                      THE HON'BLE MR JUSTICE V SRISHANANDA
                     REGULAR FIRST APPEAL NO.572 OF 2008(PAR)
              BETWEEN:

              1.     SMT LAKSHMAMMA @ CHIKKATHAYAMMA
                     W/O B KRISHNAPPA
                     AGED ABOUT 49 YEARS
                     RESIDING AT PORTION OF
                     NEW NO.44, OLD NO.4,
                     3RD MAIN, HOSAHALLI
                     VIJAYANAGARA
                     BANGALORE-560 040

              2.     SRI NINGAPPA
                     S/O LATE MADDURAPPA
                     SINCE DEAD REPRESENTED BY LEGAL
                     REPRESENTATIVES

              2(a) SMT.LAKSHMAMMA
                   AGED ABOUT 60 YEARS
Digitally          W/O LATE LINGAPPA
signed by R
MANJUNATHA
Location:     2(b) SMT.MADDURAMMA
HIGH COURT
OF                 AGED ABOUT 45 YEARS
KARNATAKA          W/O MADDURAPPA
                   D/O LATE LINGAPPA

              2(c)   SMT.SIDDARAJAMMA
                     AGED ABOUT 30 YEARS
                     D/O LATE LINGAPPA

              2(d) SMT.SHAKUNTHALA
                   AGED ABOUT 35 YEARS
                   D/O LATE LINGAPPA
                             -2-
                                        NC: 2023:KHC:44524
                                       RFA No. 572 of 2008




2(e) SMT.JAYAMMA
     AGED ABOUT 28 YEARS
     D/O LATE LINGAPPA

       APPELLANT NOS.2(a) to (e) ARE
       RESIDING AT THOGACHAGUPPE
       KUMBALAGODU POST
       KENGERI HOBLI
       BANGALORE SOUTH TALUK
                                             ...APPELLANTS

[BY SRI M S NARAYANA RAO, ADVOCATE FOR A2 (B TO E) -
ABSENT;
SRI KIRAN, ADVOCATE FOR A1(A) -ABSENT;
VIDE ORDER DATED 26.07.2016, A2(B TO E) ARE TREATED AS
LEGAL REPRESENTATIVES OF DECEASED A2(A)]
AND:

1.   SMT DODDALINGAMMA
     W/O MUNIMALLAIAH
     AGED ABOUT 75 YEARS
     RESIDING AT NO.100, MALLATHAHALLI
     JNANABHARATHI POST
     KENGERI HOBLI
     BANGALORE SOUTH TALUK

2.   SMT HUCHALINGAMMA
     W/O HANUMANTHAIAH
     AGED ABOUT 55 YEARS
     VISVESWARAPURAM
     TUMKUR ROAD
     NELAMANGALA TALUK
     BANGALORE RURAL DISTRICT

3.   SMT HUCHAMALAMMA
     W/O LATE HANUMANTHAPPA
     AGED ABOUT 50 YEARS
     RESIDING AT NO.41, 3RD CROSS,
     HOSAHALLI
     VIJAYANAGARA
                            -3-
                                      NC: 2023:KHC:44524
                                     RFA No. 572 of 2008




     BANGALORE-560 040

4.   SRI MYLARAPPA
     S/O LATE MADDURAPPA
     AGED ABOUT 52 YEARS
     RESIDING AT NO.44 (OLD 4)
     3RD MAIN, HOSAHALLI
     VIJAYA NAGAR
     BANGALORE-560 040

5.   SRI BALARAJU
     S/O LATE MADDURAPPA
     AGED ABOUT 40 YEARS
     RESIDING AT NEW NO.44,
     OLD NO.4, 3RD MAIN, HOSAHALLI
     VIJAYANAGARA
     BANGALORE-560 040

6.   AVALAPPA
     S/O LATE MADDURAPPA
     AGED ABOUT 48 YEARS,
     R/A NEW NO.44, OLD NO.4,
     3RD MAIN, HOSAHALLI,
     VIJAYANAGARA,
     BANGALORE-560 040.
                                         ...RESPONDENTS
(BY SRI RAMESH ANANTHAN, ADVOCATE FOR R1-R3;
R4, R5, R6 ARE SERVED)

     THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 R/W ORDER XLI RULE 1 OF CIVIL PROCEDURE CODE
AGAINST THE JUDGMENT AND DECREE DATED 16.08.2007
PASSED IN O.S.NO.5738/2002 ON THE FILE OF THE XXII
ADDL.CITY CIVIL JUDGE, BANGALORE, PARTLY DECREEING
THE SUIT FOR PARTITION AND SEPARATE POSSESSION.

    THIS REGULAR FIRST APPEAL COMING ON FOR FINAL
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
                                -4-
                                           NC: 2023:KHC:44524
                                          RFA No. 572 of 2008




                          JUDGMENT

Case called thrice, none present on behalf of the

appellant.

Ordersheet reflects that the appellant is not interested in

prosecuting the appeal diligently.

Accordingly, appeal stands dismissed for non prosecution.

Sd/-

JUDGE

MR