Karnataka High Court
Sri Ramaiah @ Ramanjanappa vs Smt. R Gowramma on 5 January, 2023
Bench: N S Gowda
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RFA No. 1838 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
REGULAR FIRST APPEAL NO. 1838 OF 2018 (PAR)
BETWEEN:
1. SRI. RAMAIAH @ RAMANJANAPPA,
S/O SOMAIAH,
AGED 73 YEARS,
ANDRAHALLI VILLAGE,
YESWANTHPUR HOBLI,
BENGALURU NORTH TALUK.
2. SRI. SHEKARAPPA,
S/O RAMAIAH @ RAMANJANAPPA,
AGED 38 YEARS,
ANDRAHALLI VILLAGE,
YESWANTHPURA HOBLI,
BENGALURU NORTH TALUK.
3. SRI. MUNIRAJU,
S/O RAMAIAH @ RAMANJANAPPA,
Digitally
signed by AGED 41 YEARS,
PANKAJA S ANDRAHALLI VILLAGE,
Location: YESWANTHPURA HOBLI,
High Court BENGALURU NORTH TALUK.
of Karnataka
...APPELLANTS
(BY SRI. R.A.DEVANAND., ADVOCATE)
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RFA No. 1838 of 2018
AND:
1. SMT. R. GOWRAMMA,
W/O K.V.CHANDRA,
D/O RAMAIAH @ RAMANJANAPPA,
AGED ABOUT 48 YEARS,
R/A NO.73, 19TH CROSS,
KAGGADASAPURA,
K R PURA HOBLI,
BANGALORE EAST TALUK.
2. SMT. NANJAMMA,
W/O RAMAIAH @ RAMANJANAPPA,
AGED ABOUT 73 YEARS,
R/A NO.73, 19TH CROSS,
KAGGADASAPURA, K.R.PURA HOBLI,
BANGALORE EAST TALUK.
3. SMT. SAROJA,
D/O RAMAIAH @ RAMANJANAPPA,
AGED 42 YEARS,
R/A NO.ANDRAHALLI VILLAGE,
YESWANTHPURA HOBLI,
BANGALORE NORTH TALUK.
4. SMT. R. HEMAVATHI,
W/O K. SRINIVAS,
AGED ABOUT 46 YEARS,
R/A NO.245, 3RD MAIN ROAD,
OPP: PARK, GANGANAGAR,
BANGALORE - 560 032.
5. SRI. R. PRATHAP,
S/O B.V.RAGHUVEER,
AGED 43 YEARS,
NO.154, 19TH CROSS,
7TH MAIN ROAD, 3RD DIVISION,
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RFA No. 1838 of 2018
4TH STAGE,
BASAVESHWARANAGAR,
BANGALORE - 560 079.
6. SMT. SANGEETHA,
W/O SRI. KANHAIYALAL CHAULLA,
AGED 48 YEARS,
R/A NO.458, HAROHALLI EAST,
VISHWANEEDAM POST,
BANGALORE - 560 091.
7. SMT. SHYAMA,
W/O MUKESH KUMAR,
AGED 43 YEARS,
R/AT NO.457, HAROHALLI EAST,
VISHWANEEDAM POST,
BANGALORE - 560 091.
8. SRI. GANESH,
S/O KRISHNA,
AGED 43 YEARS,
RECHANAHALLI VILLAGE,
KAGALAWADI POST,
CHAMARAJANAGAR TALUK & DISTRICT.
9. SRI. RAMAKRISHNA,
S/O C. NAGAPPAIAH HEBBAR,
(RETIRED TEACHER),
AGED 43 YEARS,
CHUNGI GUDDE VILLAGE,
NUDA POST, KUNDAPUR TALUK,
UDUPI DISTRICT.
10. SMT. H.K.JAYALAKSHMAMMA,
W/O K.H.GANGARAJ,
AGED 42 YEARS,
KANCHAGALAPURA VILLAGE,
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RFA No. 1838 of 2018
NAGASANDRA POST, YEDIYUR HOBLI,
KUNIGAL TALUK,
TUMKUR DISTRICT.
11. SRI. S.P.SATISHA,
S/O PARSHWANATHA,
AGED 54 YEARS,
HOUSE NO.10, BEHIND GOVT. SCHOOL,
3RD CROSS, HEROHALLI,
VISHWANEEDAM POST,
BANGALORE - 560 091.
12. SRI. N. MANJUNATH,
S/O NANJEGOWDA,
AGED ABOUT 29 YEARS,
CHOWDANAPALYA VILLAGE,
MAGADI TALUK,
RAMANAGARA DISTRICT.
13. SRI. M. SHANKARAPPA,
S/O MAYIGOWDA,
HOUSE NO.11/13,
GIRISHKARNAD ROAD,
MUNESHWARANAGAR,
SUNKADAKATTE, VISHWANEEDAM POST,
BANGALORE - 560 091.
14. SRI. S.K.MANNIKERI,
S/O KARIYAPPA,
AGED ABOUT 66 YEARS,
HOUSE NO.191, 8TH CROSS,
SHAKTHI GANAPATHINAGAR,
4TH DIVISION, 3RD STAGE,
BASAVESHWARANAGAR,
BANGALORE - 560 079.
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RFA No. 1838 of 2018
15. SRI. H.R.MAHESH,
S/O K.M.RAJANNA,
AGED ABOUT 39 YEARS,
HULIYURDURGA HOBLI POST,
HULIYURDURGA VILLAGE,
KUNIGAL TALUK,
TUMKUR DISTRICT.
16. SRI. BOREGOWDA,
S/O BOREGOWDA @ MALLAPPA,
AGED ABOUT 44 YEARS,
KODAVATHI POST,
BYRANAYAKANAHALLI VILLAGE,
HULIYURDURGA HOBLI,
KUNIGAL TALUK,
TUMKUR DISTRICT.
...RESPONDENTS
THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 05.07.2018 PASSED IN
OS NO.865/2004 ON THE FILE OF THE PRL.SENIOR CIVIL
JUDGE, BANGALORE [R] DIST. BANGALORE DECREEING THE
SUIT FOR PARTITION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. Learned counsel for the appellants requests that the
appeal papers be returned to him to enable him for
presentation before the appropriate forum.
RFA No. 1838 of 2018
2. Registry is directed to send the appeal papers for
presentation before the appropriate forum.
3. Time spent in prosecuting this appeal shall not be
considered by the Trial Court. However, if there is any
delay in filing the appeal against the impugned judgment
and decree, the appropriate Court shall consider the same
in accordance with law and pass necessary orders.
4. The appellants are permitted to re-present the
papers, within a period of four weeks.
5. For statistical purposes, the appeal stands disposed
of.
SD/-
JUDGE
GH
