Karnataka High Court
Dr U Balakrishna Kunikullaya vs Gagan Nag on 26 June, 2023
Bench: H T Prasad
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NC: 2023:KHC:22029
RFA No. 180 of 2008
C/W RFA No. 995 of 2008
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. 180 OF 2008
C/W
REGULAR FIRST APPEAL NO. 995 OF 2008
IN RFA 180/2008
BETWEEN:
DR U BALAKRISHNA KUNIKULLAYA
AGED ABOUT 69 YEARS
S/O LATE DR U VASUDEVA KUNIKULLAYA
R/AT NO PARIMALA KUNNUMMAL
BAILA VILLAGE, HOSADURGA TALUK
KASARAGODU PO KANHANGAD
BANGALORE
...APPELLANT
(BY SRI. K GIRIDHAR., ADVOCATE)
Digitally signed
by AND:
DHANALAKSHMI
MURTHY 1. GAGAN NAG
Location: High MINOR, REP BY MOTHER
Court of SMT JAYALAKSHMI NARAYANA
Karnataka
W/O SRI NARAYAN
R/AT ARADANAHALLI, DEVALAPURA HOBLI
NAGAMANGALATALUK, MANDYA DISTRICT
NOW AT BANGALORE.
2. SRI T NARAYANA
AGED ABOUT 68 YEARS
S/O LATE THAVASAIAH
INDUSTRIALIST R/AT NO 2337
-2-
NC: 2023:KHC:22029
RFA No. 180 of 2008
C/W RFA No. 995 of 2008
20 CROSS, BANASHANKARI 2ND SATGE
NEW K R ROAD, BANGALORE 70.
3. SMT JAYALAKSHMI NARAYANA
AGED ABOUT 55 YEARS
W/O T NARAYANA
R/AT NO 2337, 20TH CROSS
BANASHANKARI 2ND STAGE
NEW K R ROAD, BANGALORE 70.
4. SRI N NAGESH
AGED ABOUT 36 YEARS
S/O T NARAYANA
R/A NO 2337, 20TH CROSS
BANASHANKARI 2ND STAGE
NEW K R ROAD, BANGALORE-70.
5. DR N LAKSHMI PRASAD
AGED ABOUT 40 YEARS
S/O B NARASIMHAIAH
R/A NO 2337, 20TH CROSS
BANASHANKARI 2ND STAGE
NEW K R ROAD, BANGALORE 70.
...RESPONDENTS
(BY SRI. D JAYARAMAIAH., ADVOCATE FOR R1:
SRI. K.B. LOKANATH, ADVOCATE FOR R2& R3 TO R5
NOTICE TO R4 IS SERVED AND UNREPRESENTED)
THIS RFA IS FILED UNDER SECTION 96(1) OF THE CPC
1908 AGAINST THE ORDER DATED:12.10.07 PASSED ON IA
NO. 6 IN EXECUTION PETITION 1297/03 ON THE FILE OF THE
XIX. ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE,
ALLOWING THE IA NO. 6 FILED U/O 21 RULE 97 R/W SEC. 151
OF THE CPC.
-3-
NC: 2023:KHC:22029
RFA No. 180 of 2008
C/W RFA No. 995 of 2008
IN RFA 995/2008
BETWEEN:
DR U BALAKRISHNA KUNIKULLAYA
AGED ABOUT 69 YEARS
S/O LATE DR U VASUDEVA KUNIKULLAYA
R/AT NO PARIMALA KUNNUMMAL
BAILA VILLAGE, HOSADURGA TALUK
KASARAGODU PO KANHANGAD
BANGALORE
...APPELLANT
(BY SRI. K GIRIDHAR., ADVOCATE)
AND:
1. GAGAN NAG
MINOR, REP BY MOTHER
SMT JAYALAKSHMI NARAYANA
W/O SRI NARAYAN
R/AT ARADANAHALLI, DEVALAPURA HOBLI
NAGAMANGALATALUK
MANDYA DISTRICT-571401.
2. SRI T NARAYANA
AGED ABOUT 68 YEARS
S/O LATE THAVASAIAH
INDUSTRIALIST R/AT NO 2337
20 CROSS, BANASHANKARI 2ND SATGE
NEW K R ROAD, BANGALORE 70.
3. SMT JAYALAKSHMI NARAYANA
AGED ABOUT 55 YEARS
W/O T NARAYANA
R/AT NO 2337, 20TH CROSS
BANASHANKARI 2ND STAGE
NEW K R ROAD, BANGALORE 70.
4. SRI N NAGESH
AGED ABOUT 36 YEARS
-4-
NC: 2023:KHC:22029
RFA No. 180 of 2008
C/W RFA No. 995 of 2008
S/O T NARAYANA
R/A NO 2337, 20TH CROSS
BANASHANKARI 2ND STAGE
NEW K R ROAD, BANGALORE-70.
5. DR N LAKSHMI PRASAD
AGED ABOUT 40 YEARS
S/O B NARASIMHAIAH
R/A NO 2337, 20TH CROSS
BANASHANKARI 2ND STAGE
NEW K R ROAD, BANGALORE 70.
...RESPONDENTS
(BY SRI. D JAYARAMAIAH., ADVOCATE FOR R1:
SRI. K.B. LOKANATH, ADVOCATE FOR R2& R3 TO R5
NOTICE TO R4 IS SERVED AND UNREPRESENTED)
THIS RFA IS FILED UNDER SECTION 96(1) OF THE CPC
1908 AGAINST THE ORDER DATED:12.10.07 PASSED ON IA
NO. 5 IN EXECUTION PETITION 1297/03 ON THE FILE OF THE
XIX. ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE,
ALLOWING THE IA NO. 5 FILED U/O 21 RULE 97 R/W SEC. 151
OF THE CPC.
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
None appears for the appellant.
2. It is verified from the records of the Trial Court
that Execution Petition No.1297/2003 on the file of the
NC: 2023:KHC:22029
RFA No. 180 of 2008
C/W RFA No. 995 of 2008
XXIV. Addl. City Civil & Sessions Judge, Bangalore is
dismissed as withdrawn, as the matter has been settled
between the parties.
3. In view of the above, the present appeals do
not survive for consideration. Accordingly, the appeals
are disposed of.
Sd/-
JUDGE
DM
