Smt Subbalakshmi W/O Late R S Mani vs Smt R Subbamal W/O Late Ramachari
2023 Latest Caselaw 8531 Kant

Karnataka High Court

Smt Subbalakshmi W/O Late R S Mani vs Smt R Subbamal W/O Late Ramachari on 27 November, 2023

Author: V Srishananda

Bench: V Srishananda

                                            -1-
                                                  NC: 2023:KHC:43403
                                                  RFA No. 35 of 2008




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 27TH DAY OF NOVEMBER, 2023

                                         BEFORE
                       THE HON'BLE MR JUSTICE V SRISHANANDA
                     REGULAR FIRST APPEAL NO. 35 OF 2008 (RES)
              BETWEEN:

              1.    SMT. SUBBALAKSHMI,
                    W/O LATE R.S.MANI,
                    AGED ABOUT 55 YEAR,

              2.    SRI. M. MARIYAPPAN,
                    S/O LATE R.S.MANI,
                    AGED ABOUT 31 YEARS.

              3.    SRI. M. MAHESH KUMAR,
                    S/O LAET R.S.MANI,
                    AGED ABOUT 27 YEARS.

                    ALL ARE R/AT NO 8/1,
                    13TH CROSS, 10TH 'C' MAIN,
Digitally           K.B. TEMPLE STREET,
signed by R
MANJUNATHA          6TH BLOCK, RAJAJINAGAR,
Location:
HIGH COURT          BANGALORE - 10
OF
KARNATAKA                                              ...APPELLANTS
              (COURT NOTICE ISSUED BUT APPELLANT IS ABSENT)

              AND:

              1.    SMT. R. SUBBAMAL,
                    W/O LATE RAMACHARI,
                    AGED ABOUT 75 YEARS.
                               -2-
                                       NC: 2023:KHC:43403
                                       RFA No. 35 of 2008




2.   SRI. R. ANNIYAPPAN,
     S/O LATE R. RAMACHARI,
     AGED ABOUT 45 YEARS.

3.   SRI. R. DORAI,
     S/O LATE R. RAMACHARI,
     AGED ABOUT 42 YEARS.

4.   SRI. SHANKAR,
     MAJOR.

5.   SRI. NARAYANA,
     MAJOR.

6.   SRI. B.S. RAM,
     MAJOR.

7.   SRI. NANJUNDA SWAMY,
     MAJOR.

8.   SMT. TULASI,
     MAJOR.

     ALL ARE R/AT NO.8/1, (IN DIFFERENT PORTIONS)
     13TH CROSS, 10TH 'C' MAIN,
     K.B. TEMPLE STREET,
     6TH BLOCK, RAJAJINAGAR,
     BANGALORE - 10.

     (THE RESPONDENT 4 TO 8 ARE THE TENANTS IN
     OCCUPATION OF DIFFERENT PORTIONS AND THEY
     ARE ONLY FORMAL PARTIES)
                                         ...RESPONDENTS
(BY SRI. Y.K. NARAYANA SHARMA, ADVOCATE FOR R2 & R3;
     VIDE ORDER DATED:29.07.2009, NOTICE TO
     R4 TO R8 ARE DISPENSED WITH;
     VIDE ORDER DATED: 29.07.2009, R1 - DIED,
     R2 AND R3 ARE TREATED AS LRS OF DECEASED R1)
                                 -3-
                                             NC: 2023:KHC:43403
                                             RFA No. 35 of 2008




        THIS RFA IS FILED U/S.96 OF CPC AGAINST THE
JUDGMENT      AND    DECREE    DATED:22.09.2007    PASSED    IN
O.S.NO.8294/2002 ON THE FILE OF THE XVII ADDL. CITY
CIVIL    JUDGE,     BANGALORE    (CCH-16),   IN   SO   FAR   AS
DISMISSING THE COUNTER CLAIM FOR POSSESSION.

        THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

                              ORDER

B.N.Puttalingaiah, learned counsel representing the

appellants is no more. Therefore, Court notice came to be

issued, Court notice is returned with an endorsement

'service insufficient'.

2. Left with no other alternative, appeal stands

dismissed for non prosecution.

Sd/-

JUDGE

KAV

CT:SNN