Karnataka High Court
Smt. Chikkathayamma vs Smt. G. Saraswathi on 3 April, 2024
Author: S.G.Pandit
Bench: S.G.Pandit
-1-
NC: 2024:KHC:13607-DB
RFA No. 87 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD 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. 87 OF 2017 (PAR)
BETWEEN:
SMT. CHIKKATHAYAMMA
W/O LATE SRI G GOOLINAYAKA,
AGED ABOUT 69 YEARS
R/O NO.779, 3RD CROSS,
NALABEEDI, SUNNADAKERI,
K R MOHALLA, MYSORE-513201.
...APPELLANT
(BY SRI. SAKARAJA N.C., ADV. FOR
SRI SUMANTH L BHARADWAJ, ADV.)
AND:
1. SMT. G. SARASWATHI
Digitally signed W/O PUTANNA,
by A K AGED ABOUT 51 YEARS
CHANDRIKA
R/O NO.37, 1ST MAIN ROAD,
Location: HIGH 1ST CROSS, BEHIND SURYA BAKERY,
COURT OF
KARNATAKA HEBBAL 1ST STAGE, MYSORE-513201.
2. SMT. BHAGYA
W/O SRI SHIVANNA
AGED ABOUT 54 YEARS
R/O NO.2, PANAMBUR COLONY,
NEW MANGALORE HARBOUR,
MANGALORE-543101.
3. SMT. PREMA
W/O SRI J KRISHNA,
AGED ABOUT 49 YEARS
R/O NO.119, 3RD MAIN ROAD,
-2-
NC: 2024:KHC:13607-DB
RFA No. 87 of 2017
GOKULAM, 2ND STAGE,
MYSORE-513201.
4. SMT. MAHALAKSHMI
W/O SRI MANJUANTH,
AGED ABOUT 47 YEARS
R/O NO.16:2, 3RD CROSS,
LIG, RAMAKRISHNANAGAR,
MYSORE-513201.
5. SRI MAHADEVA
S/O LATE SRI G GOOLINAYAKA,
AGED ABOUT 45 YEARS
6. SMT CHAYA
W/O MAHADEVA,
AGED ABOUT 34 YEARS
7. SRI MANJUNATH
S/O LATE SRI G GOOLINAYAKA,
AGED ABOUT 45 YEARS
8. SMT. POORNIMA
W/O MANJUNATHA,
AGED ABOUT 35 YEARS
THE RESPONDENTS NO.5 TO 8 ARE
R/O NO.779, 3RD CROSS,
NALABEEDI, SUNNADAKERI,
K R MOHALLA,
MYSORE-513201.
9. THE PRESIDENT
THE EMPLOYEES OF SCHEDULE
TRIBES HOUSING CO-OPERATIVE SANGHA,
HOUSE NO.3, 1ST FLOOR,
SIDDARTHANAGAR,
NAZARBAD MOHALLA,
MYSORE-513201.
10. DR. T M SRINIVAS
S/O MADEGOWDA,
AGED ABOUT 50 YEARS
R/O 1287,
OPP.PRAGATHI NURSING HOME,
HOSPITAL ROAD,
-3-
NC: 2024:KHC:13607-DB
RFA No. 87 of 2017
NEHARUNAGAR,
MANDYA-513101.
11. SRI H G RAMACHANDRA
S/O H G GURUMURTHY,
AGED ABOUT 52 YEARS
R/O KOPPA VILLAGE,
MADDUR TALUK,
MANDYA DISTRICT-513101.
12. SRI D G SUNIL
S/O JAVAREGOWDA,
AGED ABOUT 55 YEARS,
R/O "JAVANA", 20TH CROSS,
V V NAGAR, KALAHALLI EXTENSION,
MANDYA CITY-513101.
...RESPONDENTS
(BY SRI.SANGAMESH R.B., ADV. FOR R1
SRI PRASANNA B.R., ADV. FOR R9
SRI P NATARAJAU, ADV. FOR R10 TO R12
R2, R3, R5, R6-8 ARE SERVED AND UNREPRESENTED)
THIS APPEAL IS FILED UNDER SECTION 96 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 09.09.2016 PASSED IN
OS.NO.392/2013 ON THE FILE OF THE 1ST ADDITIONAL SENIOR
CIVIL JUDGE, MYSURU, DECREEING THE SUIT FOR PARTITION AND
SEPARATE POSSESSION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
S.G.PANDIT J., DELIVERED THE FOLLOWING:
JUDGMENT
Memo dated 27.07.2021 is filed by learned counsel
for the respondents informing the Court that, sole
appellant died on 11.05.2021.
NC: 2024:KHC:13607-DB
2. In view of death of appellant on 11.05.2021,
appeal stands abated.
Sd/-
JUDGE
Sd/-
JUDGE
NC
CT:bms
