Sri H Mallegowda vs Smt Javramma
2024 Latest Caselaw 19300 Kant

Karnataka High Court

Sri H Mallegowda vs Smt Javramma on 1 August, 2024

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                                                   NC: 2024:KHC:30347-DB
                                                   RFA No. 2013 of 2018




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 1ST DAY OF AUGUST, 2024

                                         PRESENT
             THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
                                           AND
                     THE HON'BLE MR JUSTICE UMESH M ADIGA
                  REGULAR FIRST APPEAL NO. 2013 OF 2018 (PAR)
            BETWEEN:

            1.    Sri H Mallegowda
                  S/o Late Honnegowda
                  Aged about 47 years.

            2.    Smt. Sarojamma
                  D/o Late Honnegowda
                  Aged about 45 years.

            3.    Sri Mayappa
                  S/o Late Honnegowda
                  Aged about 43 years
Digitally
signed by
VEERENDRA
KUMAR K M
            4.    Smt. Thayamma
Location:         W/o Mallegowda
HIGH
COURT OF          Aged about 38 years
KARNATAKA


            5.    Sri Praveen M
                  S/o Mallegowda
                  Aged about 21 years

            6.    Sri Prashantha M
                  S/o Mallegowda
                  Aged about 19 years
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                                      NC: 2024:KHC:30347-DB
                                       RFA No. 2013 of 2018




     Appellants 5 and 6 were Minors
     in the court below and
     represented by their natural mother
     and guardian Appellant No.4 Smt. Thayamma

7.   Smt. Sumithra
     W/o Mayappa
     Aged about 33 years

8.   Sri Tharun
     S/o Mayappa
     Aged about 17 years

9.   Kum Sushmitha
     D/o Mayappa
     Aged about 17 years

     Appellants 8 and 9 are minors
     Represented by their natural mother
     and guardian Appellant No.7 Smt. Sumithra

     All are R/at #356,
     Hosa Beedi,
     Hinakal,
     Mysuru-570 017.
                                                 ...Appellants
(By Sri. Dilip Kumar, Advocate)

AND:

1.   Smt. Javramma
     W/o Late Honnegowda
     Aged about 69 years
     Residing at
     Mysuru-Hunsur Main Road,
     Hinkal,
     Mysuru-570 017.
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                                              NC: 2024:KHC:30347-DB
                                               RFA No. 2013 of 2018




2.   Sri Vishweshwara Rao
     S/o Sri V G Sankar Rao
     Aged about 64 years
     R/at Vishwanthpura
     Uthameshwara Post
     Koppa Taluku-577 126
     Chikkamangalore District.

3.   Sri C K Shivashankar
     S/o Late Krishna Rao
     Aged about 62 years
     R/at Door No.T-1/8
     N.M.S Compound 5th Block
     Jayanagar,
     Bengaluru-560 041.

4.   Sri B K Ramchandra
     S/o S Krishnappa
     Aged about 60 years
     R/at D. No.94/1
     Sridevi Krupa, 7th Main
     Vinayakanagar
     Mysuru-570 002.
                                                         ...Respondents

      This RFA is filed under section 96 of CPC., against the
judgment      and   decree   dated     06.08.2018    passed    in   O.S.
No.1147/2014 on the file of the II Additional Senior Civil Judge,
Mysuru,    dismissing   the    suit    for   partition   and   separate
possession.

      This Appeal, coming on for orders, this day, order was
made therein as under:
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                                     NC: 2024:KHC:30347-DB
                                      RFA No. 2013 of 2018




CORAM:     HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
           and
           HON'BLE MR JUSTICE UMESH M ADIGA


                        ORAL ORDER

(PER: HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR)

The order sheet dated 14.12.2023 shows that time

was granted for compliance of office objection. For the 7th

time the case is posted before the court as the counsel for

the appellant has not complied with the office objections.

Today also appellant's counsel prays for time. There is no

reason to grant time. Therefore appeal is dismissed.

Sd/-

(SREENIVAS HARISH KUMAR) JUDGE

Sd/-

(UMESH M ADIGA) JUDGE

sd