S K Divya vs H Mariyappa
2023 Latest Caselaw 6660 Kant

                                        -1-
                                                    NC: 2023:KHC:34112
                                                RFA No. 2289 of 2007




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                  DATED THIS THE 20TH DAY OF SEPTEMBER, 2023

                                     BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                  REGULAR FIRST APPEAL No.2289 OF 2007(PAR)
            BETWEEN:

            1.    S K DIVYA
                  AGED ABOUT 10 YEARS
                  D/O LATE S M KRISHNAMURTHY

            2.    S K AMRUTHA
                  AGED ABOUT 9 YEARS
                  D/O LATE S M KRISHNAMURTHY

                  THE PLAINTIFFS SINCE MINORS ARE
                  REPRESENTED BY THEIR MOTHER
                  AND NATURAL GUARDIAN
                  SMT T S MANJULA
                  W/O LATE S M KRISHNAMURTHY,
                  ALL ARE RESIDING AT
                  SINGAPURA VILLAGE,
Digitally         VIDYARANYAPURA
signed by         BANGALORE
MALATESH
KC                                                       ...APPELLANTS
Location:   (BY SRI B.J.KRISHNA, ADVOCATE)
HIGH
COURT OF
KARNATAKA
            AND:

            1.    H MARIYAPPA
                  S/O HANUMAIAH
                  AGED ABOUT 65 YEARS

            2.    SRI S M VARADARAJU
                  AGED ABOUT 39 YEARS
                  S/O H MARIYAPPA
                                -2-
                                            NC: 2023:KHC:34112
                                         RFA No. 2289 of 2007




     BOTH ARE RESIDING AT
     SINGAPURA VILLAGE,
     VIDYARANYAPURA POST,
     BANGALORE
                                       ...RESPONDENTS
(BY SRI AMARESH A ANGADI, ADVOCATE FOR C/R)

     THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 R/W ORDER XLI RULE 1 OF CIVIL PROCEDURE CODE
AGAINST THE JUDGMENT AND DECREE DATED 25.07.2007
PASSED IN O.S.No.982/2004 ON THE FILE OF THE I
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE
(CCH-2), DISMISSING THE SUIT FOR PARTITION AND
SEPARATE POSSESSION.

     THIS REGULAR FIRST APPEAL COMING ON FOR FINAL
HEARING,   THIS  DAY,  THE   COURT  DELIVERED  THE
FOLLOWING:
                           JUDGMENT

Case called twice.

2. In the morning session, counsel took time to file

necessary memo/application in the afternoon session. Case

called at 3.52 pm. There is no representation on behalf of

appellants.

3. Appellant Nos.1 and 2 being minors, have attained

majority long back and no application is filed seeking discharge

of guardianship. Appellant Nos.1 and 2 are also not present

before the Court.

NC: 2023:KHC:34112 RFA No. 2289 of 2007

4. Taking note of these aspects of the matter, appeal is

dismissed for non prosecution.

Sd/-

JUDGE

kcm