Karnataka High Court
C K Shanmukappa vs Smt Sudha B S on 25 April, 2024
Author: S.G.Pandit
Bench: S.G.Pandit
-1-
NC: 2024:KHC:16735-DB
RFA No. 261 of 2017
C/W RFA No. 404 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF APRIL, 2024
PRESENT
THE HON'BLE MR JUSTICE S.G.PANDIT
AND
THE HON'BLE MR JUSTICE C.M. POONACHA
REGULAR FIRST APPEAL NO. 261 OF 2017 (PAR)
C/W
REGULAR FIRST APPEAL NO. 404 OF 2017 (PAR)
IN RFA.No.261/2017:
BETWEEN:
1. C.K.SHANMUKAPPA
S/O C. KOTRABASAPPA,
AGED ABOUT 62 YEARS,
R/O NO.664, 2ND MAIN, 8TH CROSS,
NIJALINGAPPA BADAVANE,
DAVANAGERE-577002.
SINCE DEAD, REPRESENTED BY HIS LRS
1(a) C.S.JAYANTHI
Digitally signed
by A K W/O LATE C.K.SHANMUKHAPPA
CHANDRIKA AGED ABOUT 62 YEARS
Location: HIGH R/AT NO.664, 2ND MAIN, 8TH CROSS,
COURT OF NIJALINGAPPA BADAVANE,
KARNATAKA DAVANAGERE-577002.
1(b) C.S.ANNJANBABU
S/O LATE C.K.SHANMUKHAPPA
AGED ABOUT 38 YEARS
R/AT NO.664, 2ND MAIN, 8TH CROSS,
NIJALINGAPPA BADAVANE,
DAVANAGERE-577002.
2. C.K.RAVIPRAKASH
S/O C.KOTRABASAPPA,
AGED ABOUT 60 YEARS,
PRIVATE EMPLOYEE,
-2-
NC: 2024:KHC:16735-DB
RFA No. 261 of 2017
C/W RFA No. 404 of 2017
R/O NO.BEHIND JOLADA RASHI NILAYA,
SINDANOOR-584128.
...APPELLANTS
(BY SRI.RAMAKRISHNA.N., ADVOCATE FOR R1(b) & A2)
AND:
1. SMT SUDHA.B.S
W/O SHASHISHEKARA.B.M
D/O C.KOTRABASAPPA,
AGED ABOUT 57 YEARS, HOUSEWIFE,
R/O NO.232, 5TH CROSS, GANDHI NAGAR,
BANGALORE-560 009
2. C.K.GURUDEVA @ GURUMURTHY
S/O C. KOTRABASAPPA,
AGED ABOUT 55 YEARS,
ASSISTANT TEACHER, GOVERNMENT HIGHER,
PRIMARY SCHOOL, JINEHALLI,
HONALI TALUK-577212.
3. SMT. VANAJAKSHAMMA
W/O C.PANCHAPPA,
D/O C.KOTRABASAPPA,
AGED ABOUT 64 YEARS,
HOUSEWIFE,
R/O SRI. ANNAPURNESHAWARI NILAYA,
OPPOSITE TO SHISHU VIHAR,
TALAGUPPA ROAD, BALLARY-583101.
4. MANJUNATH SHET
S/O BASAVANEEPPA,
MAJOR, BUSINESS,
5. SMT. SHASHIREKHA
W/O MANJUNATH B SHET,
MAJOR, HOUSEWIFE,
RESPONDENT NOS.4 AND 5 ARE R/AT
# 732, NEW NO.1659, 3RD MAIN,
-3-
NC: 2024:KHC:16735-DB
RFA No. 261 of 2017
C/W RFA No. 404 of 2017
6TH CROSS, VINOBA NAGAR,
DAVANAGERE DISTRICT-577002.
6. P.M.MANJULA
W/O P.K.MANJUNATH
MAJOR, HOUSEWIFE
7. P.K.MANJUNATHA
S/O PALLAGATTE KOTRABASAPPA
MAJOR,
RESPONDENT Nos.6 AND 7 ARE
R/O NO.2687, NEW NO.3015/1, MCC 'B' BLOCK,
DAVANAGERE-577002.
...RESPONDENTS
(BY SMT.BHARATI PATIL ., ADVOCATE FOR R1;
R2, R3, R4 & R5 ARE SERVED AND UNREPRESENTED;
SRI.D.S.JAYARAJ, ADVOCATE FOR R6 AND R7.)
THIS APPEAL IS FILED UNDER ORDER 41 RULE 1 AND 2 R/W
SEC.96 OF CPC, 1908 AGAINST THE JUDGMENT AND DECREE DATED
18.10.2016 PASSED IN OS NO.148/2013 ON THE FILE OF THE II
ADDL. SENIOR CIVIL JUDGE, DAVANAGERE, DECREEING THE SUIT
FOR PARTITION AND SEPARATE POSSESSION.
IN RFA.No.404/2017:
BETWEEN:
1. SMT P.M. MANJULA
W/O P.K.MANJUNATH
AGED ABOUT 55 YEARS
HOUSEWIFE
2. SRI.P.K.MANJUNATHA
S/O PALLAGATTE KOTRA BASAPPA
AGED ABOUT 64 YEARS
BOTH ARE R/AT NO.2687,
NEW NO 3015/1, MCC 'B' BLOCK
DAVANGERE-577001.
...APPELLANTS
(BY SRI.D.S.JAYARAJ, ADVOCATE (ABSENT))
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NC: 2024:KHC:16735-DB
RFA No. 261 of 2017
C/W RFA No. 404 of 2017
AND:
1. SMT.SUDHA.B.S
W/O SHASHISHEKARA B.M
D/O C. KOTRABASAPPA,
AGED ABOUT 57 YEARS,
HOUSEWIFE,
R/O NO.232, 5TH CROSS,
GANDHI NAGAR,
BANGALORE-560 009.
2. SRI C.K.SHANMUKAPPA
S/O C.KOTRABASAPPA
AGED ABOUT 60 YEARS
R/O NO 664, 2ND MAIN,
8TH CROSS, NIJALINGAPPA BADAVANE
DAVANGERE-577001
3. SRI C.K.RAVIPRAKASH
S/O C.KOTRABASAPPA
AGED ABOUT 58 YEARS
PRIVATE EMPLOYEE
R/O BEHIND JOLADA RASHI NILAYA
SINDHANOOR
RAICHUR DISTRICT-584132.
ALSO AVAILABLE AT
SRI C.K.RAVIPRAKASH
S/O C.KOTRABASAPPA,
AGED ABOUT 57 YEARS
PRIVATE EMPLOYEE
R/O NO.44, CHOWKIPET,
DAVANAGERE-577001
4. SRI.C.K.GURUDEVA @ GURUMURTHY
S/O C.KOTRABASAPPA
AGED ABOUT 53 YEARS
ASSISTANT TEACHER
GOVERNMENT HIGHER PRIMARY SCHOOL
JINEHALLI, HONNALI TALUK
DAVANAGERE DISTRICT-577217.
5. SMT VANAJAKSHAMMA
W/O C.PANCHAPPA
-5-
NC: 2024:KHC:16735-DB
RFA No. 261 of 2017
C/W RFA No. 404 of 2017
D/O C.KOTRABASAPPA
AGED ABOUT 62 YEARS
HOUSE WIFE,
R/O SRI ANNAPURNESHWARI NILAYA,
OPP TO SHISHU VIHAR, TALAGUPPA ROAD,
BELLARY-583101.
6. SRI MANJUNATH SHET
S/O BASAVANNEPPA, MAJOR,
OCC: BUSINESS
R/O NO.732, NEW NO.1659,
3RD MAIN, 6TH CROSS,
VINOBA NAGAR,
DAVANAGERE-577001.
7. SMT SHASHIREKHA
W/O MANJUNATH B SHET, MAJOR,
HOUSEWIFE, R/O NO.732,
NEW NO.1659, 3RD MAIN,
6TH CROSS, VINOBA NAGAR,
DAVANAGERE-577001.
...RESPONDENTS
(BY SMT.BHARATI PATIL ., ADVOCATE A/W.
SRI.SHAM A NEMICAL, ADVOCATE FOR R1;
SRI.N.RAMAKRISHNA, ADVOCATE FOR R2(a & b);
SRI.R.SATISHCHANDRA ADVOCATE FOR R3 (VK NOT FILED)
SRI.M.R.HITEMATHAD, ADVOCATE FOR R3 (VK NOT FILED)
R4, R5, R6, R7, PR8 ARE SERVED AND UNREPRESENTED)
*********
THIS APPEAL IS FILED UNDER SECTION 96 OF CPC, 1908
AGAINST THE JUDGMENT AND DECREE DATED 18.10.2016 PASSED
IN OS NO.148/2013 ON THE FILE OF THE II ADDL. SENIOR CIVIL
JUDGE, DAVANAGERE, DECREEING THE SUIT FOR PARTITION AND
SEPARATE POSSESSION.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
S.G.PANDIT J., DELIVERED THE FOLLOWING:
-6-
NC: 2024:KHC:16735-DB
RFA No. 261 of 2017
C/W RFA No. 404 of 2017
JUDGMENT
Learned counsel for the appellants in RFA
No.261/2017 files a memo dated enclosing receipt for
having paid Cost of Rs.5,000/- imposed on 18.04.2024.
But, the order dated 22.02.2024 finally granting two
weeks time to file paper book is not complied. Hence, the
appeal stands dismissed for non-compliance.
2. There is no representation for the appellants in
R.F.A.No.404/2017 in the morning as well as in the
afternoon. Office objections are also not complied with.
Hence, the appeal stands dismissed for non-prosecution.
Sd/-
JUDGE
Sd/-
JUDGE
MPK
CT:bms
