Sri Krishna vs Smt Muniyamma
2023 Latest Caselaw 6752 Kant

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                                                 NC: 2023:KHC:34696
                                                RFA No. 204 of 2015




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                  DATED THIS THE 23RD DAY OF SEPTEMBER, 2023

                                      BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                  REGULAR FIRST APPEAL NO. 204 OF 2015 (PAR)
            BETWEEN:

                  SRI. KRISHNA,
                  S/O LATE NARASIMHAIAH,
                  AGED ABOUT 46 YEARS,
                  RESIDENT OF NO.20, 12/18,
                  3RD CROSS, 2ND MAIN,
                  B.K. NAGARA,
                  YESHWANTHAPURA,
                  BENGALURU - 560 022.
                                                       ...APPELLANT
            (BY SRI. BALARAJ A.C., ADVOCATE)

            AND:

            1.    SMT. MUNIYAMMA,
Digitally
signed by         W/O LATE HANUMANTHARAYAPPA,
MALATESH
KC                AGED ABOUT 68 YEARS.
Location:
HIGH
COURT OF    2.    SRI. MUNIRAJU,
KARNATAKA
                  S/O LATE HANUMANTHARAYAPPA,
                  AGED ABOUT 50 YEARS.

            3.    SRI. KRISHNA,
                  S/O LATE HANUMANTHARAYAPPA,
                  AGED ABOUT 48 YEARS.

            4.    SRI. ANANDA,
                  S/O LATE HANUMANTHARAYAPPA,
                  AGED ABOUT 46 YEARS.
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                                       NC: 2023:KHC:34696
                                      RFA No. 204 of 2015




     RESPONDENTS 1 TO 4 ARE
     RESIDENTS AT
     CORPORATION NO.18, 7TH CROSS,
     B.K. NAGAR, YESHWANTHAPUR,
     BENGALURU - 560 022.

5.   SMT. NANJAMMA,
     W/O LATE N. SHANKAR,
     AGED ABOUT 40 YEARS.

6.   SRI. LOKESH,
     S/O LATE N. SHANKAR,
     AGED ABOUT 27 YEARS.

     RESPONDENTS 5 AND 6 ARE
     RESIDENTS OF
     GUDEMARANAHALLI VILLAGE,
     LINGAYATHRA BEEDHI,
     SOLUR HOBLI,
     MAGADI TALUK,
     RAMANAGARA DISTRICT - 571 511.

7.   SMT. RATHNAMMA,
     D/O LATE NARASIMHAIAH,
     AGED ABOUT 50 YEARS,
     RESIDENT OF NO.20, 12/8,
     3RD CROSS, 2ND MAIN,
     B.K. NAGARA, YESHWANTHAPURA,
     BENGALURU - 560 022.
                                          ...RESPONDENTS
(R1 TO R4 AND R7 - STEPS NOT TAKEN;
 R5 AND R6 - NOTICE SERVED)

      THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 15.10.2014 PASSED IN
O.S.NO.7665/2007 ON THE FILE OF THE XXXVIII ADDL. CITY
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                                          NC: 2023:KHC:34696
                                         RFA No. 204 of 2015




CIVIL & SESSIONS JUDGE BANGALORE CITY, DISMISSING THE
SUIT FOR PARTITION AND SEPERATE POSSESSION.

      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

                         JUDGMENT

1. Sri.Balaraj A. C., learned counsel for the

appellant present. He submits that the sole appellant died

long back and despite his best efforts, he is unable to get

the details of legal representatives of sole appellant so as

to file necessary application. Therefore, he is unable to

proceed with the case.

2. Placing his submissions on record, appeal

stands dismissed as abated.

Sd/-

JUDGE

KAV

CT:SNN