Karnataka High Court
M L Shivalingaiah vs K B Vasudeva on 11 September, 2023
Bench: K.Natarajan
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NC: 2023:KHC:32610
RFA No. 1665 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
REGULAR FIRST APPEAL NO. 1665 OF 2021 (PAR)
BETWEEN:
1. M.L. SHIVALINGAIAH,
S/O LATE MESHTRU LINGAIAH,
AGED ABOUT 72 YEARS,
R/AT NO. 155, 1ST CROSS,
I STAGE, GANGOTHRI EXTN.,
MYSURU CITY,
MYSURU - 570 021.
2. SHIVAPRASAD,
S/O M.L. SHIVAGANGAIAH,
AGED ABOUT 47 YEARS,
R/AT H.NO.155, I CROSS,
I STAGE, GANGOTHRI EXTENSION,
MYSURU CITY.
Digitally signed
by USHA N S
Location: High 3. B. PADMAVATHI,
Court of
Karnataka W/O P. JAYACHANRA,
AGED ABOUT 62 YEARS,
R/AT H.NO.3506/3,
RAMAMANDIRA ROAD,
TILAKNAGARA, MYSURU CITY,
MYSURU - 560 021.
...APPELLANTS
(BY SRI. C.R. SUBRAMANYA, ADVOCATE)
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RFA No. 1665 of 2021
AND:
1. K.B. VASUDEVA,
S/O LATE BEERAIAH,
AGED ABOUT 60 YEARS,
R/AT NO.869:2A,
8TH CROSS, REHMANIA STREET,
K.R. MOHALLA, MYSURU - 23,
PIN CODE : 570 021.
2. K.B. NAGARAJU,
S/O LATE BEERAIAH,
AGED ABOUT 58 YEARS,
R/AT NO.869/2A, 8TH CROSS,
REHMANIA STREET, K.R. MOHALLA,
MYSURU - 23,
PIN CODE : 570 021.
3. SMT. PUSHPALATHA,
W/O LATE K.B. RAMESH,
AGED ABOUT 45 YEARS.
4. KUM. HARSHITHA,
D/O LATE K.B. RAMESH,
AGED ABOUT 33 YEARS.
5. NANDITHA,
D/O LATE K.B. RAMESH,
AGED ABOUT 30 YEARS,
DEFENDANT NO. 3 TO 5 ALL ARE
R/AT H.NO. 869/2, 8TH CROSS,
REHMANIA STREET,
K.R. MOHALLA,
MYSURU CITY - 570 025.
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RFA No. 1665 of 2021
6. SMT. PUSHPAVALLI,
D/O LATE BEERAIAH,
AGED ABOUT 52 YEARS.
7. SMT. K.B. GAYATHRIDEVI,
D/O LATE BEERAIAH,
AGED ABOUT 50 YEARS.
8. SMT. NIRMALA,
W/O LATE B. REVANNA,
AGED ABOUT 54 YEARS.
9. MONICA,
D/O LATE B. REVANNA,
AGED ABOUT 34 YEARS.
10. R. TANUSH,
D/O LATE REVANNA,
AGED ABOUT 31 YEARS.
11. KUM. SHRITARTHA,
D/O LATE REVANNA,
AGED ABOUT 27 YEARS,
DEFENDANTS NO. 6 TO 9 ARE
R/AT NO. 869/2A, 8TH CROSS,
REHMANIA STREET, K.R. MOHALLA,
MYSURU - 23,
PIN CODE: 570 021.
12. A.E. CHANDRASHEKAR,
S/O EEREGOWDA,
AGED ABOUT 60 YEARS,
BEHIND COURT ROAD,
BANNIMANTAPA,
CHANNARAYAPATNA TOWN,
HASSAN DISTRICT.
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RFA No. 1665 of 2021
13. TAHASILDAR,
MYSURU TALUK,
MYSURU - 570 021.
14. S.V. RAMABAVI,
W/O S. NEELAKANTARAO,
AGED ABOUT 69 YEARS,
R/AT H.NO. 1381, 4TH CROSS,
KRISHNAMURTHYPURAM,
MYSURU CITY,
MYSURU.
15. C.M. MADAMMA,
D/O C.P. MEDAPPA,
AGED ABOUT 60 YEARS,
R/AT KADAKOLA VILLAGE,
JAYAPURA HOBLI,
MYSURU TALUK.
16. R. VEDAVATHI,
D/O RAMAIAH,
AGED ABOUT 50 YEARS,
R/AT HOUSE NO.2200/1,
III CROSS, BASAVESWARA ROAD,
K.R. MOHALLA,
MYSURU - 570 021.
17. CHIKKATHAYAVVA,
W/O SIDDEGOWDA,
AGED ABOUT 62 YEARS,
R/AT KARADI MARAIAHA NAHUNDI
VILLAGE, KADAKOLA DAKHALE,
JAYAPURA HOBLI,
MYSURU TALUK - 570 021.
18. S. NEELASIDDU,
S/O SIDDEGOWDA,
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RFA No. 1665 of 2021
AGED ABOUT 39 YEARS,
R/AT KARADI MARAIAHA NAHUNDI
VILLAGE, KADAKOLA DAKHALE,
JAYAPURA HOBLI,
MYSURU TALUK - 570 021.
19. SMT. V. VEENA,
W/O MANJUNATH,
AGED ABOUT 50 YEARS,
R/AT EEDIGARA STREET,
KADAKOLA VILLAGE,
JAYAPURA HOBLI
MYSURU TALUK - 570 021.
20. MAHADEVA,
AGED ABOUT 53 YEARS,
FATHER'S NAME IS UNKNOWN
JUNJER NO.680,
R/AT H.NO.1516,
KADAKOLA VILLGE,
MYSURU TALUK - 570 021..
21. RAJAMMA,
W/O LATE MAHADEVASHETTY,
AGED ABOUT 50 YEARS,
NAHUNDI VILLAGE,
JAYAPURA HOBLI,
R/AT KARADI MARAIAHA,
KADAKOLA POST,
MYSURU TALUK - 570 021.
...RESPONDENTS
THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST
THE IMPUGNED JUDGMENT AND DECREE DATED 20.02.2021
PASSED IN OS.No.44/2009 BY THE FILE OF THE IV
ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MYSURU,
DISMISSING THE SUIT FOR PARTITION AND ETC.
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RFA No. 1665 of 2021
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned Counsel for the appellants submits and files a
memo dated 11.9.2023 for return of the appeal in order to file
the same before the Court having the jurisdiction. The said
submission and memo are placed on record.
2. Office is directed to return the appeal papers in order
to file the same before the jurisdictional Court.
3. Accordingly, for statistical purpose the appeal is
disposed off.
Sd/-
JUDGE
NSU
CT: ABS
