Karnataka High Court
Sri.G.Ramu vs Smt. K.M. Shakunthala on 24 November, 2023
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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RFA No. 1416 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
REGULAR FIRST APPEAL NO.1416 OF 2020 (PAR)
BETWEEN:
SRI.G.RAMU
DEAD BY HIS LR'S
1. R.V.SUSHEELA,
W/O LATE G. RAMU
AGED ABOUT 65 YEARS,
2. R.VIDYADHARA,
S/O LATE G.RAMU,
AGED ABOUT 40 YEARS,
3. R.VEENA
W/O SHARATH BABU,
D/O LATE G RAMU,
AGED ABOUT 36 YEARS,
Digitally ALL ARE R/AT NO.33,
signed by
VANDANA S KEMPANNA STREET,
DODDAMAVALLIM,
Location:
HIGH BENGALURU - 560 004.
COURT OF ...APPELLANTS
KARNATAKA
(BY SRI. V. ANAND., ADVOCATE)
AND:
1. SMT. K.M. SHAKUNTHALA,
W/O LATE SRI.G.A.KRISHNA,
AGED ABOUT 70 YEARS,
2. SMT. A.K.ASHA,
D/O LATE SRI.G.A.KRISHNA,
AGED ABOUT 50 YEARS,
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RFA No. 1416 of 2020
3. SRI.A.K.ASHOK KUMAR,
S/O LATE SRI.G.A.KRISHNA,
AGED ABOUT 47 YEARS,
R/AT NO.29, RANGAPPA STREET,
CHIKKAMAVALLI,
BENGALURU - 560 004.
4. SMT. A.K.ANITHA,
W/O SRI. N.LAKSHMINARASIMAIAH,
AGED ABOUT 45 YEARS,
R/AT S.L.N MEDICALS,
OPP. GOVERNMENT HOSPITAL,
KANDAYA BHAVAN,
CHICKABALLAPURA - 56210.
5. SRI. A.K.ANAND,
S/O LATE G.A.KRISHNA,
AGED ABOUT 40 YEARS,
RESPONDENTS NO.1, 2 AND 5 ARE
R/AT NO.33, KEMPANNA STREET,
DODDAMAVALLI,
BENGALURU - 560 004.
6. SMT. T.N.NAGARATHNA,
W/O LATE SRI. T.N. LOKANATH,
MAJOR,
R/AT NO.137, NO.14,
'A' CROSS, VYALIKAVAL EXTENSION,
BENGALURU - 560 003.
7. SRI. RAMANATH T.N.,
S/O LATE SMT. AMMAYAMMA,
AGED ABOUT 45 YEARS,
8. SRI. PREMANATH T.N.,
S/O LATE SMT. AMMAYAMMA,
AGED ABOUT 43 YEARS,
9. SRI. LAKSHMINATH T.N,
S/O LATE SMT. AMMAYAMMA,
AGED ABOUT 41 YEARS,
10. SMT. MAYURA T.N.,
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RFA No. 1416 of 2020
D/O LATE SMT. AMMAYAMMA,
AGED ABOUT 40 YEARS,
RESPONDENTS 6 TO 10 ARE
R/AT NO.137, NO.9,
2ND CROSS, VYALIKAVAL EXTENSION,
BENGALURU - 03.
11. SMT. G.SHAMALA,
AGED ABOUT 39 YEARS,
W/O SRI. H.CHANDRASHEKAR,
D/O LATE SRI. G.APPAJAPPA,
ASST. EXECUTIVE ENGINEER,
PARVATHI NILAYA,
C/O RAJASHEKARAPPA'S HOUSE,
P.O. KOLLEGAL - 571 440.
MYSORE DISTRICT.
12. SMT. UMA,
D/O LATE ANASUYAMMA,
AGED ABOUT 36 YEARS,
13. SRI. RAVI,
S/O LATE ANASUYAMMA,
AGED ABOUT 34 YEARS,
14. SMT. VEENA,
D/O LATE ANASUYAMMA,
AGED ABOUT 27 YEARS,
RESPONDENTS NO.12 TO 14 ARE
RESIDING AT NO.IV, KRISHNA NAGAR POST,
MADNAPALLI - 517 325,
ANDRAPRADESH.
15. SMT. G.PARVATHI,
W/O SRI.P.VENKATESH,
AGED ABOUT 53 YEARS,
HARAPANAHALLI POST - 583 131,
BELLARY DISTRICT.
16. SRI. SHANKARANARAYANA G,
S/O SRI. G.APPAJAPPA,
AGED ABOUT 60 YEARS,
R/AT NO. 27, RANGAPPA STREET,
CHIKKAMAVALLI,
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RFA No. 1416 of 2020
BENGALURU - 04.
17. SRI. M.NARAYANAMURTHY,
MAJOR,
18. SRI. SANTHANAGOPAL,
MAJOR,
19. SMT. SULOCHANAMMA,
MAJOR,
20. SRI. N.S.HARISH KUMAR,
MAJOR,
21. SRI. V.VENKATESH,
MAJOR,
22. SRI. SRIDHAR,
MAJOR,
23. SRI. RANGASHAMANNA,
MAJOR,
RESPONDENTS NO.17 TO 23
ARE RESIDING IN DIFFERENT
PORTION OF PREMISES
BEARING NO.33,
KEMPANNA STREET,
DODDAMAVALLI,
BENGALURU - 560 004.
24. SRI. VISWANATHA,
MAJOR,
25. SRI. V.K.VENUGOPAL,
MAJOR,
26. SRI. JARO (RALASI G SUNIL,
MAJOR,
ALL RESIDING IN DIFFERENT
PORTIONS OF DOOR NO.28,
RANGAPPA STREET,
CHIKKAMAVALLI,
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RFA No. 1416 of 2020
BENGALURU.
27. SRI. D.PUKRA,
MAJOR,
R/AT NO. 26, RANGAPPA STREET,
CHIKKAMAVALLI,
BENGALURU.
28. SRI. GOVARDHANA PRASAD,
MAJOR,
R/AT NO.26, RANGAPPA STREET,
CHIKKAMAVALLI,
BENGALURU.
29. SRI. GOVINDAPPA NAIR,
MAJOR,
30. SRI. NARASIMHAIAH,
MAJOR,
BOTH ARE R/AT DIFFERENT
PORTIONS OF PREMISES BEARING NO.17,
NANJEGOWDA STREET,
DODDAMAVALLI,
BENGALURU - 04.
31. SRI. KRISHNAPPA,
MAJOR,
R/AT NO.22, 3RD BYRANSANDRA,
JAYANAGAR,
BENGALURU.
[NOTE RESPONDENTS NO.17 TO 31 DELETED AS
PER FDP NO.29/1992]
...RESPONDENTS
THIS RFA IS FILED UNDER ORDER 41 RULE 1 R/W SEC.96 OF
THE CPC, AGAINST THE ORDER DATED 17.07.2019 PASSED IN FDP
NO.29/1992 ON THE FILE OF THE VI ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BENGALURU CITY, PARTLY ALLOWING THE
PETITION FILED UNDER ORDER XX RULE 12 AND 13 R/W SECTION
54 OF CPC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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RFA No. 1416 of 2020
JUDGMENT
Learned Counsel for the appellants has filed a memo
seeking withdrawal of the appeal by reserving liberty in favour of
the appellants to prefer an appropriate appeal before the
jurisdictional appellate court.
2. Memo is placed on record.
3. Appeal is disposed of as withdrawn, reserving liberty in
favour of the appellants to file an appropriate appeal before the
jurisdictional appellate court.
4. If such an appeal is preferred within a period of six
weeks from today, the appellants would be entitled to the benefit of
Section 14 of The Limitation Act, 1963.
Sd/-
JUDGE
DR
