Karnataka High Court
Smt. Yashoda @ Yashodamma vs Smt. Neelamma on 13 June, 2023
Bench: Dr.H.B.Prabhakara Sastry
-1-
NC: 2023:KHC:20268
RFA No. 1789 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
REGULAR FIRST APPEAL NO. 1789 OF 2019 (DEC)
BETWEEN:
SMT. YASHODA @ YASHODAMMA
D/O LATE KAVERAPPA,
W/O DANIEL,
AGED ABOUT 50 YEARS,
R/AT, NO. 76, EWS QUARTERS,
KORAMANGALA,
BENGALURU-560095.
...APPELLANT
(BY SRI. NARAYAN M., ADVOCATE)
AND:
SMT. NEELAMMA
W/O LATE KRISHNAPPA,
AGED ABOUT 60 YEARS,
SINCE DECEASED BY HER LRS
Digitally signed by
VEENA KUMARI B
Location: High 1. NARAYANASWAMY
Court Of Karnataka
S/O LATE NEELAMMA & KRISHNAPPA
AGED ABOUT 47 YEARS,
2. SRI RAMESH
S/O LATE NEELAMMA & KRISHNAPPA
AGED ABOUT 45 YEARS,
BOTH ARE RESIDING AT
NO.54/11, DOOPANAHALLI,
1ST CROSS, BEHIND MUTHYALAMMA TEMPLE,
-2-
NC: 2023:KHC:20268
RFA No. 1789 of 2019
HAL 2ND STAGE,
BANGALORE-560008
3. SRI MUNIRAJU
S/O LATE NEELAMMA & KRISHNAPPA
AGED ABOUT 43 YEARS,
RESIDING AT NO.14-2,
80 FEET ROAD, SRINIVAGILU LEFT SIDE,
CHANDRAREDDY LAYOUT,
BANGALORE - 560095.
4. SMT. CHINNAMMA
W/O RAJU,
AGED ABOUT 55 YEARS,
5. GOWRAMMA
W/O MUNIRAJU,
AGED ABOUT 53 YEARS,
SL.NO.4 & 5 ARE
RESIDING AT NO.14-2,
80 FEET ROAD, SRINIVAGILU LEFT SIDE,
SRINIVAGILU VILLAGE,
CHANDRAREDDY LAYOUT,
BENGALURU 560 095.
6. SRI JOHN K. NAINAN
S/O K.C.NINAN
AGED ABOUT 62 YEARS,
R/AT FLAT NO.22,
LAKE VIEW APARTMENTS,
GANGADHARA CHETTY ROAD,
BENGALURU-42
7. SRI. ANTHONY GEORGE
S/O LATE M.A. GEORGE
-3-
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RFA No. 1789 of 2019
AGED ABOUT 57 YEARS,
R/AT ADATHILACKEL,
FACTORY WARD, ALLEPPEY,
KERALA.
8. SRI. P.H. HORMIS THARAKAN
S/O HORMIS THARAKAN,
AGED ABOUT 57 YEARS,
R/AT PUTHENUEETIL PARAYIL,
EZHUPUNNA, KERALA -688535.
...RESPONDENTS
THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER XLI
RULE 1 AND SEC.96 OF THE CPC, AGAINST THE JUDGMENT AND
DECREE DATED 11.02.2019 PASSED IN OS.NO.3169/2014 ON THE
FILE OF THE VII ADDL. CITY CIVIL AND SESSIONS JUDGE,
BENGALURU, DISMISSING THE SUIT FOR PARTITION AND
SEPARATE POSSESSION.
THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS
THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard the submission of learned counsel for the appellant,
who attempted to convince the Court that since the valuation
in the valuation slip is mentioned as more than `5.00 lakhs, it
should be taken that it is always less than `6.00 lakhs.
2. The value of the plaintiff's share in the certified
copy of O.S. valuation slip discloses that the value is `5.00
NC: 2023:KHC:20268
RFA No. 1789 of 2019
lakhs and more, which need not necessarily be below `6.00
lakhs.
3. In that view of the matter though the learned
counsel could have made efforts to produce documents and
tried to convince the registry regarding the valuation of the
appeal but he has not taken any such steps in that regard. I
do not find any reason to grant any further time in this appeal
of the year 2019 as already six times have been granted.
Accordingly, appeal stands dismissed for non-compliance
of office objections.
Sd/-
JUDGE
BVK
