Smt Girija vs Sri Manchaiah
2023 Latest Caselaw 1000 Kant

                                        -1-
                                                 RFA No. 1074 of 2007




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 17TH DAY OF JANUARY, 2023

                                     BEFORE

                   THE HON'BLE MR JUSTICE N S SANJAY GOWDA

                  REGULAR FIRST APPEAL NO. 1074 OF 2007 (PAR)

            BETWEEN:

            1.    SMT GIRIJA
                  AGE MAJOR

            2.    SMT PREMA
                  AGE MAJOR
                  BOTH ARE D/O LATE CHALUVAIAH

                  R/AT KYATHAMARANAHALLI
                  A.K.COLONY
                  NAZARABAD MOHALLA
                  MYSORE - 570 001.

            3.    SMT UMA
                  AGE MAJOR
                  D/O LATE CHALUVAIAH
                  R/AT KAILASAPURA
                  MANDI MOHALLA, MYSORE - 570 001.
Digitally
signed by
PANKAJA S   4.    SRI CHELUVARAJ
Location:         AGE MAJOR
HIGH              S/O LATE CHALIVAIAH
COURT OF
KARNATAKA         R/AT BELAVADI VILLAGE
                  SRIRANGAPATNA TALUK,
                  MYSORE DISTRICT - 571 438.

            5.    SMT SANNAMARIYAMMA
                  AGE MAJOR
                             -2-
                                      RFA No. 1074 of 2007




     W/O LATE CHELUVAIAH
     R/AT BELAVADI VILLAGE
     SRIRANGAPATNA TALUK,
     MYSORE DISTRICT - 571 438.
                                            ...APPELLANTS
(BY SRI. V.MUNIRAJ, ADVOCATE (ABSENT))


AND:


1.   SRI MANCHAIAH, MAJOR
     S/O LATE BHANGI MANCHAIAH

2.   PUTTAMALLAMMA,
     W/O MANCHAIAH,
     AGED ABOUT 64 YEARS,

3.   SOMU, S/O MANCHAIAH,
     AGED ABOUT 36 YEARS

4.   CHALUVAMURTHY, S/O MANCHAIAH,
     AGED ABOUT 32 YEARS,

     ALL ARE R/AT BELAVADI VILLAGE,
     SRIRANGAPATNA TALUK,
     MYSORE DISTRICT - 571 438.
                                          ...RESPONDENTS
(BY SRI. K V NARASIMHAN, ADVOCATE FOR R-1 AND R-4;
    R-2 AND R-3 ARE SERVED)

     THIS RFA FILED UNDER SECTION 96 OF CPC AGAINST
THE JUDGEMENT AND DECREE DATED 22.01.2007 PASSED IN
OS.NO.140/2001 ON THE FILE OF THE ADDITIONAL CIVIL
JUDGE (SR.DN.) SRIRANGAPATNA, DISMISSING THE SUIT FOR
PARTITION AND SEPARATE POSSESSION.

     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
                             -3-
                                      RFA No. 1074 of 2007




                         JUDGMENT

The matter was called out twice. There is no

appearance on behalf of the appellants. Left with no other

alternative, the appeal is dismissed for non-prosecution.

Sd/-

JUDGE

RK CT: SN