Rukmangadha vs Smt Lakshmamma @ Lakshmi
2024 Latest Caselaw 10147 Kant

Karnataka High Court

Rukmangadha vs Smt Lakshmamma @ Lakshmi on 8 April, 2024

                                             -1-
                                                           NC: 2024:KHC:14630
                                                         MFA No. 1449 of 2019




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 8TH DAY OF APRIL, 2024

                                           BEFORE
                          THE HON'BLE MR JUSTICE R. NATARAJ
               MISCELLANEOUS FIRST APPEAL NO. 1449 OF 2019 (CPC)
               BETWEEN:
               RUKMANGADHA
               S/O.CHIKKANNA,
               AGED ABOUT 56 YEARS,
               RESIDING AT NO.118/2,
               T.ANNAIAPPA MAIN ROAD,
               THIGALARPET, BANGALORE.
                                                                  ...APPELLANT
               (SRI. RUKAMANGADHA - APPELLANT (ABSENT))

               AND:
               1.    SMT. LAKSHMAMMA @ LAKSHMI
                     D/O. N. CHIKKANNA,
                     AGED ABOUT 61 YEARS,
                     RESIDING AT NO.76/B, 8TH CROSS,
                     8TH MAIN, PRAKASHNAGAR,
                     BANGALORE-560 021

Digitally      2.    SMT. LALITHAMMA
signed by BS         D/O CHIKKANNA,
RAVIKUMAR
                     AGED ABOUT 58 YEARS,
Location:            RESIDING AT NO.327, 8TH CROSS,
HIGH
COURT OF             KASTURBA COLONY, VEERANNA GUDDE,
KARNATAKA            GIRINAGAR II STAGE, BSK III PHASE,
                     BANGALORE.

               3.    BHAGYAMMA
                     D/O CHIKKANNA,
                     AGED ABOUT 51 YEARS,
                     NO.122, 4TH CROSS, 3RD MAIN ROAD,
                     HOSAGUDDADAHALLI,
                     SHAMANNA GARDEN,
                     BANGALORE.

               4.    CHANDRAMMA
                     D/O N. CHIKKANNA,
                               -2-
                                          NC: 2024:KHC:14630
                                        MFA No. 1449 of 2019




     AGED ABOUT 51 YEARS,
     NO.111, 5TH MAIN, 7TH CROSS,
     CHAMARAJPET, BANGALORE.

5.   BALARAJU
     S/O. N CHIKKANNA,
     AGED ABOUT 50 YEARS,
     NO.118/2, T.ANNAIAPPA MAIN ROAD,
     THIGALARPET, BANGALORE.

6.   PURUSHOTHAMA
     S/O. N. CHIKKANNA,
     AGED ABOUT 48 YEARS,
     RESIDING AT NO.118/2,
     T.ANNAIAPPA MAIN ROAD,
     THIGALARPET, BANGALORE.

7.   NAGARATHNA
     D/O N. CHIKKANNA,
     AGED ABOUT 46 YEARS,
     RESIDING AT NO.118/2,
     T.ANNAIAPPA MAIN ROAD,
     THIGALARPET, BANGALORE

8.   CHIKKANNA
     S/O. LATE NARASIMHAIAH
     AGED ABOUT 93 YEARS,
     RESIDING AT NO.118/2,
     T.ANNAIAPPA MAIN ROAD,
     THIGALARPET, BANGALORE

9.   SRI. JNANAMURTHY
     S/O. CHIKKANNA,
     AGED ABOUT 61 YEARS,
     RESIDING AT NO.6, 8TH A CROSS,
     MAGADI ROAD,
     BANGALORE-560 020

10. SRI. PADMANABHA
    S/O CHIKKANNA,
    AGED ABOUT 53 YEARS,
    RESIDING AT NO.118/2,
    T.ANNAIAPPA MAIN ROAD,
    THIGALARPET, BANGALORE.

                                              ...RESPONDENTS
                                     -3-
                                                   NC: 2024:KHC:14630
                                               MFA No. 1449 of 2019




       THIS MFA IS FILED UNDER ORDER 43 RULE 1(d) OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 20.12.2018, PASSED
IN MISC.NO.450/2011, ON THE FILE OF THE XXXV ADDITIONAL CITY
CIVIL & SESSIONS JUDGE, BENGALURU (CCH-36), DISMISSING THE
PETITION FILED UNDER ORDER 9 RULE 13 OF CPC.

       THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                                   ORDER

There is no representation for the appellant. On

28.03.2024, the learned counsel for the appellant was

permitted to retire from the case of the appellant and the

notice of retirement was issued to the appellant.

Hence, the appeal is dismissed for non-prosecution.

Sd/-

JUDGE

HJ