Karnataka High Court
Smt Munikavaramma Since Decd By Lrs vs Smt Yellamma on 8 December, 2023
Author: V Srishananda
Bench: V Srishananda
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NC: 2023:KHC:47094
RFA No. 1055 of 2009
C/W RFA No. 1054 of 2009
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR FIRST APPEAL No.1055 OF 2009 (DEC/INJ)
C/W REGULAR FIRST APPEAL No.1054 OF 2009
IN R.F.A.No.1055/2009
BETWEEN:
1. SMT MUNIKAVARAMMA
(SINCE DECEASED BY LEGAL REPRESENTATIVES)
2. SMT.SHANKRAMMA
AGED ABOUT 39 YEARS,
D/O LATE MUNIKAVARAMMA
W/O KRISHNAPPA
3. SRI KRISHNAPPA
AGED ABOUT 43 YEARS,
S/O LATE MARAPPA
Digitally 4. SRI BABU
signed by R
MANJUNATHA AGED ABOUT 54 YEARS
Location: S/O B.K.LAKSHMAIAH,
HIGH COURT
OF
KARNATAKA ALL ARE RESIDING AT NO.38/1,
BOMMANAHALLI VILLAGE,
BEGUR HOBLI -560 078
BANGALORE SOUTH TALUK
...APPELLANTS
(BY SRI R BHADRINATH, ADVOCATE- ABSENT)
AND:
1. SMT YELLAMMA
(SINCE DECEASED BY LEGAL REPRESENTATIVES)
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RFA No. 1055 of 2009
C/W RFA No. 1054 of 2009
W/O LATE RAMAPPA
2. SRI NARAYANA REDDY
(SINCE DECEASED BY LEGAL REPRESENTATIVES)
2(a) SMT.SUDHA
AGED ABOUT 63 YEARS
W/O LATE R.NARAYANA REDDY
2(b) SRI.CHANDRASHEKAR
AGED ABOUT 45 YEARS
S/O LATE R.NARAYANA REDDY
2(c) SMT.INDRA
AGED ABOUT 56 YEARS
D/O LATE R.NARAYANA REDDY
2(d) SRI MADU
AGED ABOUT 39 YEARS
S/O LATE R.NARAYANAREDDY
RESPONDENTS NO.2(a) to (d) ARE
RESIDING AT NO.24,
BOMMANAHALLI VILLAGE,
BEGUR HOBLI -560 070
BANGALORE SOUTH TALUK
3. SRI.GOPALA REDDY
(SINCE DECEASED BY LEGAL REPRESENTATIVES
S/O LATE RAMAIAH
3(a) SMT.PADMA
AGED ABOUT 63 YEARS,
W/O LATE R.GOPALA REDDY
RESIDING AT NO.24,
BOMMANAHALLI VILLAGE,
BEGUR HOBLI -560 078
BANGALORE SOUTH TALUK
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RFA No. 1055 of 2009
C/W RFA No. 1054 of 2009
3(b) SMT.RESHAMA
AGED ABOUT 39 YEARS,
D/O LATE R.GOPALA REDDY
RESIDING AT NO.24,
BOMMANAHALLI VILLAGE,
BEGUR HOBLI-560 078
BANGALORE SOUTH TALUK
4. SRI.JANARDHANA REDDY
AGED ABOUT 44 YEARS,
S/O LATE RAMAIAH
RESIDING AT NO.24,
BOMMANAHALLI VILLAGE,
BEGUR HOBLI-560 078,
BANGALORE SOUTH TALUK
5. SRI SUBBA REDDY
S/O LATE RAMAIAH
(DIED 1997 DURING THE PROCEEDINGS BEFORE THE TRIAL
COURT NO LEGAL REPRESENTATIVES)
RESIDING AT NO.24,
BOMMANAHALLI VILLAGE,
BEGUR HOBLI-560 078,
BANGALORE SOUTH TALUK
...RESPONDENTS
[R1 -DEAD;
VIDE ORDER DATED 26.02.2010, SERVICE OF NOTICE TO R2(A
TO D);
R3(a AND b) AND R4 ARE HELD SUFFICIENT;
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND
DECREE DATED 31.08.2009 PASSED IN O.S.NO.3051/1994 ON
THE FILE OF THE XIV ADDL. CITY CIVIL JUDGE, BANGALORE
CITY, DECREEING THE SUIT FOR DECLARATION AND
PERMANENT INJUNCTION.
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NC: 2023:KHC:47094
RFA No. 1055 of 2009
C/W RFA No. 1054 of 2009
IN R.F.A.No.1054/2009
BETWEEN
1. SMT MUNIKAVARAMMA
(SINCE DECEASED BY LRS)
1(a) SMT SHANKARAMMA
AGED ABOUT 39 YEARS
D/O LATE MUNIKAVARAMMA
W/O KRISHNAPPA
R/AT NO.38/1, BOMMANAHALLI,
BEGUR HOBLI -560 078
BANGALORE SOUTH TALUK
...APPELLANT
(BY SRI R BHADRINATH, ADVOCATE -ABSENT)
AND
1. SMT YELLAMMA
(SINCE DEAD BY LEGAL REPRESENTATIVES)
W/O LATE RAMAPPA
2. SRI NARAYANA REDDY
(SINCE DECEASED BY LEGAL REPRESENTATIVES)
2(a) SMT SUDHA,
AGED ABOUT 49 YEARS
W/O LATE R NARAYANA REDDY,
2(b) SRI CHANDRASHEKAR
AGED ABOUT 32 YEARS
S/O LATE R NARAYANA REDDY
2(c) SMT INDRA
AGED ABOUT 37 YEARS
D/O LATE R NARAYANA REDDY
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RFA No. 1055 of 2009
C/W RFA No. 1054 of 2009
2(d) SRI MADHU
AGED ABOUT 22 YEARS
S/O LATE R NARAYANA REDDY
RESPONDENTS NO.2(a and d) ARE
RESIDING AT NO.24, BOMMANAHALLI,
BEGUR HOBLI - 560 078,
BANGALORE SOUTH TALUK
3. SRI JANARDHANA REDDY
AGED ABOUT 44 YEARS
S/O LATE RAMAIAH
RESIDING AT NO.24, BOMMANAHALLI,
BEGUR HOBLI-560 078
BANGALORE SOUTH TALUK
4. SRI GOPALA REDDY
(SINCE DECEASED BY LEGAL REPRESENTATIVES)
4(a) SMT PADMA
AGED ABOUT 41 YEARS,
W/O LATE R GOPALA REDDY,
R/AT NO.24, BOMMANAHALLI
BEGUR HOBLI - 560 078,
BANGALORE SOUTH TALUK
4(b) SMT RESHAMA
AGED ABOUT 20 YEARS
D/O LATE R GOPALA REDDY
R/AT NO.24, BOMMANAHALLI
BEGUR HOBLI - 560 078,
BANGALORE SOUTH TALUK
5. SRI SUBBA REDDY
S/O LATE RAMAIAH
(Died 1997 during the proceedings
Before the trial court no legal Representatives)
RESIDING AT NO.24, BOMMANAHALLI
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RFA No. 1055 of 2009
C/W RFA No. 1054 of 2009
BEGUR HOBLI - 560 078,
BANGALORE SOUTH TALUK
...RESPONDENTS
(R1 - DIED;
VIDE ORDER DATED 26.02.2010, SERVICE OF NOTICE TO R2(a to d);
R3, R4 (a) and R4(b) ARE HELD SUFFICIENT)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96
CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND DECREE
DATED 31.08.2009 PASSED IN O.S.NO.3753/1993 ON THE FILE OF
THE XIV ADDL. CITY CIVIL JUDGE, BANGALORE CITY, DISMISSING
THE SUIT FOR DECLARATION AND POSSESSION.
THESE APPEALS, COMING ON FOR HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
When the matter was called in the morning session, Sri
R.Badrinath learned counsel for the appellant submitted that he
would file memo of retirement. Matter was again called around
12.45 p.m., at that juncture, junior counsel of Sri Badrinath has
made a similar request. When the matter was called in the
afternoon session, there is no representation on behalf of the
appellants.
At request of counsel for the appellant on 21.12.2021 the
matter was adjourned and listed on 07.01.2022 and thereafter
matter was listed before this Court today. The suit is of the
year 1993-94. Suit filed in O.S.No.3753/1991 is dismissed.
The said suit is filed by Smt. Shankaramma, who was the legal
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representative of Smt. Munikaveramma, for the relief of
declaration and possession. O.S.No.3051/1994 is filed by Smt.
Yallamma for declaration and permanent injunction which came
to be decreed.
Since, there is no progress in both the appeals, appeals
are dismissed for non prosecution.
Sd/-
JUDGE
MR
