Sri Nagaraju vs M Shobha
2023 Latest Caselaw 3694 Kant

                                          -1-
                                                NC: 2023:KHC:21920
                                                     RFA No. 894 of 2016




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 26TH DAY OF JUNE, 2023

                                      BEFORE
                   THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                    REGULAR FIRST APPEAL NO. 894 OF 2016 (PAR)
              BETWEEN:

              SRI NAGARAJU
              S/O LATE MADAIAH
              AGED ABOUT 58 YEARS
              R/AT NO.96, 7TH MAIN
              VINAYAKANAGARA
              MYSURU-570012.
                                                            ...APPELLANT
              (BY SRI. K L SREENIVAS., ADVOCATE AND
                  SRI. O.K. HARISH, ADVOCATE)
              AND:

              1.    M SHOBHA
                    D/O LATE MADAIAH
                    AGE ABOAUT 40 YEARS
Digitally signed
by
DHANALAKSHMI 2.     GAYATHRI
MURTHY              W/O CHIKKATHIMMAIH
Location: High      D/O LATE MADAIAH
Court of            AGED ABOUT 53 YEARS
Karnataka           BOTH ARE R/AT NO. 1239
                    4/11TH MAIN ROAD, 2ND STAGE
                    RAMAKRISHNAGARA, MYSURU-570012.

              3.    MAHADEVU @ SWAMY
                    S/O LATE MADAIAH
                    AGED ABOUT 62 YEARS
                    R/AT NO.96,7TH MAIN
                    VINAYAKA NAGAR, MYSURU-570012.
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                                    NC: 2023:KHC:21920
                                        RFA No. 894 of 2016




4.   VISHAKANTA @ PUTTANNA
     S/O LATE MADAIAH
     AGED ABOUT 50 YEARS

5.   MADESHA
     S/O LATE MADAIAH
     AGED ABOUT 46 YEARS.

6.   NANJUNDA
     S/O LATE MADAIAH
     AGED ABOUT 42 YEARS
     R4 TO R6 ARE R/AT NO.666
     HINKAL, NEAR RAJENDRA HARD
     MYSURU-HUNSUR MAIN ROAD
     MYSURU-570010.
                                             ...RESPONDENTS
(BY SRI. NISHANTH A.V.,ADVOCATE FOR R1 & R2:
    NOTICE TO R3 TO R5 ARE SERVED AND UNREPRESENTED)


      THIS RFA IS FILED UNDER SECTION 96 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 01.12.2015
PASSED IN OS NO.864/2008 ON THE FILE OF THE III ADDL.,
SENIOR CIVIL JUDGE AND CJM., MYSURU, DECREEING THE
SUIT FOR PARTITION.

      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                        JUDGMENT

Learned counsel for respondent Nos.1 and 2 has filed

a memo dated 10.08.2021 reporting the death of sole

appellant. So far, no application has been filed to bring the

legal representatives of deceased appellant on record.

NC: 2023:KHC:21920 RFA No. 894 of 2016

Memo is taken on record.

Accordingly, the appeal is dismissed as abated.

Sd/-

JUDGE

HA