Karnataka High Court
Sri Muniyappa vs Smt Gangamma on 30 June, 2023
Bench: Dr.H.B.Prabhakara Sastry
-1-
NC: 2023:KHC:22540
RFA No. 354 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
REGULAR FIRST APPEAL NO. 354 OF 2017 (PAR/INJ)
BETWEEN:
Sri Muniyappa
Aged About 75 years,
S/o Late Thirumalaiah,
R/At No.24/1, New No.46
Indiranagar Slum,
Attiguppe Village,
Vijayanagara Post,
Bengaluru North Taluk,
Bengaluru-560040.
...Appellant
(By Sri. H N Manjunath, Advocate)
AND:
Digitally signed
by
BHARATHIDEVI
K KORLAHALLI Smt Gangamma
Location: High
Court of
Karnataka
W/o Late Muniswamappa,
* Since deceased by her LR's*
(*deleted vide order dated 14.02.2018)
1 Smt. Homba Hanumakka
Aged about 48 years
2. Smt. Rathnamma
Aged about 45 years,
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NC: 2023:KHC:22540
RFA No. 354 of 2017
3. Smt. Munilakshmi
Aged about 40 Years,
4. Smt. Muniyamma
Aged about 38 years
5. Sri. Muniraju
Aged About 41 years,
6. Sri. Munikrishna
Aged about 36 Years,
No.1 to 4 are
Daughters and Plaintiff No.1(e) and (f)
Are sons of Late Muniswamappa
No.1 to 6 are
Residing at No.24/3
Indiranagar Slum,
Attiguppe, Vijayanagar,
Bengaluru-560 040.
7. Sri. Chikka Muniyappa
Aged about 60 years,
S/o Late Thirumalaiah,
8. Sri. Krishnappa
Aged about 55 years,
S/o Late Thirumalaiah
No.7 and 8 are residing at
No.24/3 (46), Indiranagar Slum,
Attiguppe Village, Vijayanagar Post,
Bengaluru North Taluk,
Bengaluru-40.
...Respondents
-3-
NC: 2023:KHC:22540
RFA No. 354 of 2017
( By Sri. H Manjunath and Sri Saket Bisani,
Advocates for R-1, R-3 and R-5 to R-9;
Appeal stands abated against respondent No.2
Vide order dated 28.08.2019)
This Regular First Appeal is filed under Section 96 of Civil
Procedure Code, praying to call for the records in
O.S.No.3116/2007 on the file of the XXII Addl. City Civil and
Sessions Judge, Bangalore (CCH-7) and to set aside the
judgment and preliminary decree for partition dated
01.04.2016 passed in O.S.No.3116/2007 on the file of the XXII
Addl. City Civil and Sessions Judge, Bangalore (CCH-7) and
consequently dismiss the suit with costs, in the interest of
justice and any other order/directions as this Court deems fit in
the circumstances of the case.
This Regular First Appeal coming on for Orders through
Physical Hearing/Video Conferencing, this day, the Court made
the following:
ORDER
None appear for the appellant either physically or
through Video Conference. Learned counsel for the
respondents alone is physically present in the Court.
2. As observed in the previous date order sheet, the
sole appellant, as well his learned counsel are reported to
be dead. Therefore, even if the Court notice is ordered,
the same would return with the noting of death of the
appellant. Admittedly, no one is coming forward claiming
the legal heirship of the appellant, who evince any interest
to proceed further in the matter. On the other hand,
NC: 2023:KHC:22540
RFA No. 354 of 2017
by virtue of operation of law, the Appeal filed by the sole
appellant stands abated.
Accordingly, the Appeal stands abated.
Sd/-
JUDGE
bk
