C Jayaram vs Sri B Chikka Ankaiah
2023 Latest Caselaw 1814 Kant

                                                   -1-
                                                            RFA No. 2297 of 2007




                            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                DATED THIS THE 13TH DAY OF MARCH, 2023

                                                BEFORE
                                   THE HON'BLE MRS JUSTICE M G UMA
                             REGULAR FIRST APPEAL NO. 2297 OF 2007 (DEC)

                      BETWEEN:
                      C. JAYARAM
                      AGED ABOUT 65 YEARS,
                      S/O. LATE CHINNAKANNU,
                      BEHIND FERNANDES METAL FACTORY,
                      PIPELINE, MALLESHWARAM,
                      BANGALORE - 560 003.
                                                                     ...APPELLANT
                      (BY SRI: H.V. BHANUPRAKASH, ADVOCATE FOR
                           PROPOSED LRS OF DECEASED APPELLANT)
                      AND:
                      1.   SRI B. CHIKKA ANKAIAH
Digitally signed by        D/O. LATE ANKAIAH,
PAVITHRA N
                           SINCE DECEASED BY LRS
Location: High
Court Of Karnataka
                      A)   SMT. JAYALAKSHMAMMA,
                           W/O. LATE CHIKKA ANKAIAH,
                           AGED ABOUT 60 YEARS,

                      B)   SRI B.C. SRINIVAS,
                           S/O. LATE CHIKKA ANKAIAH,
                           AGED ABOUT 35 YEARS,

                      C)   B.C. HAMSAVENI
                           D/O. LATE CHIKKA ANKAIAH,
                           AGED ABOUT 35 YEARS,

                      ALL ARE R/AT NO.10,
                      "HAMSA", 6TH 'E' MAIN,
                      2ND STAGE, 2ND BLOCK,
                      MAHALAKSHMI LAYOUT,
                      BANGALORE - 560 003.
                              -2-
                                         RFA No. 2297 of 2007




2.   SRI CHINNAKULANDAI, MAJOR,
     S/O. FATHER'S NAME NOT KNOWN
     RAJA WILL WORKER,
     RESIDING AT A PORTION OF PREMISES,
     NO.59/15, BEHIND FERNANDES METAL FACTORY,
     PIPELINE, MALLESHWARAM,
     BANGALORE - 560 003.
     SINCE DECEASED BY LR'S

A)   SMT. ARVELLIYAMMA @ ANGAMMA,
     W/O. LATE CHINNAKULANDAI, MAJOR,

B)   SRI VELU,
     S/O. LATE CHINNAKULANDAI, MAJOR,

C)   SRI ARMUGAM,
     S/O. LATE CHINNAKULANDAI, MAJOR,

D)   SRI GOVINDA RAJU,
     MAJOR, S/O. LATE CHINNAKULANDAI,

LRS (A) TO (D) ARE RESIDING IN A PORTION OF
PREMISES,
NO.59/15, BEHIND FERNANDES METAL FACTORY,
PIPLINE, MALLESHWARAM,
BANGALORE - 560 003.

                                                  ...RESPONDENTS
(BY SRI: Y. HARIPRASAD, ADVOCATE FOR R1(A-C))

      THIS R.F.A. IS FILED U/S.96 OF CPC AGAINST THE JUDGMENT
AND DECREE DT.25.7.2007 PASSED IN O.S.NO.4012/1987 ON THE
FILE OF THE XIV ADDL. CITY CIVIL JUDGE, BANGALORE (CCH-28)
DECREEING    THE   SUIT    FOR     DECLARATION,    POSSESSION,
INJUNCTION AND DAMAGES.

      THIS R.F.A., COMING ON FOR ORDERS, THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
                            -3-
                                      RFA No. 2297 of 2007




                        JUDGMENT

Learned counsel for the appellant is absent. No

representation.

2. Even though I.A.Nos.1/2020, 2/2020 and

3/2020 are filed, copies of the same are not served on the

respondents, despite the order dated 07.07.2021. There

is delay of 760 days in filing the appeal. It appears that

the proposed appellant is not interested in prosecuting the

appeal.

Hence, appeal stands abated. Consequently,

I.A.Nos.1/2020 to 3/2020 are dismissed.

Sd/-

JUDGE

PN