K B Rajanna vs Smt Leelavathi
2024 Latest Caselaw 10237 Kant

Karnataka High Court

K B Rajanna vs Smt Leelavathi on 10 April, 2024

Author: V Srishananda

Bench: V Srishananda

                                           -1-
                                                          NC: 2024:KHC:14578
                                                       RFA No. 874 of 2008




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 10TH DAY OF APRIL, 2024

                                          BEFORE
                       THE HON'BLE MR JUSTICE V SRISHANANDA

                     REGULAR FIRST APPEAL NO. 874 OF 2008 (PAR)

              BETWEEN:
              K.B. RAJANNA,
              S/O LATE BYRAPPA
              AGED ABOUT 60 YEARS,
              KAKARAMANAHALLI, BIDADI HOBLI,
              RAMANAGARAM TALUK AND DIST - 571 511
                                                                 ...APPELLANT
              (BY SRI: K.B. RAGANNA, ADVOCATE (ABSENT))

              AND:
              1.   SMT. LEELAVATHI,
                   W/O LATE BYRAPPA @ BYREGOWDA,
                   AGED ABOUT 42 YEARS,

              2.   SMT. CHANDRAKALA,
                   D/O LATE BYRAPPA @ BYREGOWDA,
                   W/O KUMAR
Digitally          AGED ABOUT 21 YEARS
signed by R
MANJUNATHA
              3.   CHANDRASHEKAR,
Location:          S/O LATE BYRAPPA @ BYREGOWDA,
HIGH COURT
OF                 AGED ABOUT 16 YEARS, MINOR
KARNATAKA          REPTD BY MOTHER,
                   SMT. LEELAVATHI FIRST RESPONDENT.

              4.   SMT. MADAMMA,
                   W/O. LATE BYRAPPA
                   AGED ABOUT 92 YEARS,

              5.   SMT. K.B. HOMBAMMA,
                   D/O LATE BYRAPPA,
                   AGED ABOUT 67 YEARS,
                                -2-
                                             NC: 2024:KHC:14578
                                            RFA No. 874 of 2008




6.   K.B. RAMANNA,
     S/O LATE BYRAPPA,
     AGED ABOUT 54 YEARS,

7.   K.B. PUTTASWAMAIAH,
     S/O LATE BYRAPPA
     AGED ABOUT 50 YEARS,

     ALL ARE RESIDING AT
     KAKARAMANAHALLI VILLAGE,
     BIDADI HOBLI,
     RAMANAGARAM TALUK,
     RAMANAGARAM DISTRICT - 571 511.
                                                  ...RESPONDENTS
(BY SRI: H.B. CHANDRASHEKAR FOR R1 TO R3
     SRI: PARAMASHIVAIAH FOR R4 TO R7)

     THIS RFA FILED U/S 96 R/W ORDER 41 RULE 1 OF THE CPC
AGAINST THE JUDGMENT AND DECREE DT. 18.1.08 PASSED IN OS
296/06 ON THE FILE OF THE ADDL. CIVIL JUDGE, (SR.DN),
RAMANAGAR, ALLOWING THE SUIT FOR PARTITION & SEPERATE
POSSESSION.

     THIS RFA, COMING ON FOR FURTHER HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
                          JUDGMENT

This Court by order dated 27.09.2023 accepted memo of

retirement filed by the counsel for appellant.

Learned counsel for the appellant was also permitted to

retire from the case.

As per endorsement of the District and Sessions Judge,

Ramanagara Court, notice is served on the appellant.

Sri. Rajanna-appellant called out absent.

NC: 2024:KHC:14578

Left with no alternative, appeal is dismissed for non-

prosecution.

Sd/-

JUDGE

BH