Karnataka High Court
Sri Anandamurthy vs Smt S Pushpa Rani on 5 August, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:31021
RFA No. 1457 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 05TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR FIRST APPEAL No.1457 OF 2015 (PAR)
BETWEEN:
1. SRI ANANDAMURTHY
S/O LATE. N. GOVINDASWAMY,
SINCE DECEASED BY HIS
LEGAL REPRESENTATIVES
SMT.S.SAROJA
1(a) W/O LATE G.ANANDMURTHY
AGED ABOUT 73 YEARS
NO.941, 2ND MAIN, 4TH BLOCK
RAJAJINAGAR,
BENGALURU-10
1(b) SRI RAVICHANDRAN B.A
S/O LAT G.ANANDMURTHY
AGED ABOUT 56 YEARS
Digitally NO.941, 2ND MAIN, 4TH BLOCK
signed by
MALATESH RAJAJINAGAR,
KC BENGALURU-10
Location:
HIGH 1(c) SMT.SUMATHI B.A
COURT OF
KARNATAKA D/O LATE G.ANANDMURTHY
AGED ABOUT 52 YEARS
NO.15/2, 1ST MAIN, 8TH CROSS
SANJEEVINI NAGAR
BENGALURU - 560 072
1(d) SMT.NITHYA B.A
D/O LATE G.ANANDMURTHY
AGED ABOUT 51 YEARS
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RFA No. 1457 of 2015
NO.120, 10TH 'A' MAIN ROAD
MANJUNATHA NAGAR
BANGALORE - 560 010.
2. SMT. JAYANTHI
W/O. LATE CHEENAN
AGED 66 YEARS
NO. 4, 2ND MAIN ROAD,
4TH BLOCK, RAJAJINAGAR,
BANGALORE 560010
3. SRI. JAIKUMAR
S/O LATE. CHEENAN
SINCE DEAD REPRESENTED BY LEGAL
REPRESENTATIVES
3(a) SMT.VIMALA
W/O LATE JAIKUMAR
AGED ABOUT 40 YEARS
3(b) BABY SHARMILI
D/O LATE JAIKUMAR
AGED ABOUT 3 YEARS
SINCE MINOR REPRESENTED BY
HER NATURAL GUARDIAN AND MOTHER
SMT.NIRMALA
BOTH ARE RESIDING AT
NO.941, 2ND MAIN ROAD, 4TH BLOCK
RAJAJINAGAR,
BENGALURU-560 010
4. SMT. C. REKHA
D/O. LATE. CHEENAN
AGED ABOUT 47 YEARS
NO.4, 2ND MAIN ROAD,
4TH BLOCK, RAJAJINAGAR,
BANGALORE 560010
...APPELLANTS
(BY SRI H.V.DEVARAJU, ADVOCATE -ABSENT)
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NC: 2024:KHC:31021
RFA No. 1457 of 2015
AND:
1. SMT S PUSHPA RANI
D/O LATE. N. GOVINDASWAMY,
AGED ABOUT 64 YEARS,
R/AT OLD NO. 30, NEW NO. 54,
1ST MAIN ROAD, MARUTHI EXTENSION,
SRIRAMPURAM,
BANGALORE 560 021
2. SMT. RAJAMMA
W/O LATE. KRISHNAMURTHY
AGED ABOUT 76 YEARS,
C/O KRISHNASWAMY,
NO.38, GANDHI BAZAAR MAIN ROAD,
BASAVANAGUDI,
BANGALORE 560004
3. SMT. HAMSAVENI
D/O. LATE. N. GOVINDASWAMY,
W/O SRI. PARAMSHIVAMN
AGED ABOUT 79 YEARS
PRESENTLY R/AT NO. 176/B,
3RD MAIN ROAD, NEW BAMBOO BAZAAR,
MYSORE
4. SMT. VANITHA
D/O LATE. SAROJINI,
AGED ABOUT 51 YEARS,
5. SMT. MAMATHA
D/O LATE. SAROJINI,
AGED ABOUT 46 YEARS,
6. SRI. NAVEEN
S/O LATE. SAROJINI,
AGED ABOUT 40 YEARS,
RESPONDENTS 4 TO 6
RESIDING AT K.K. LANE,
NO. 20/1, 6TH CROSS, COTTONPET,
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NC: 2024:KHC:31021
RFA No. 1457 of 2015
BANGALORE 560053
...RESPONDENTS
(BY SRI CHANDRASHEKAR.P, ADVOCATE FOR R1;
R4, R5, R6 ARE SERVED AND UNREPRESENTED;
VIDE ORDER DATED 30.01.2024, R2 IS HELD SUFFICIENT;
R3 -DECEASED)
RFA FILED UNDER SECTION 96 OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 15.07.15 PASSED IN
O.S.NO.5184/2009 ON THE FILE OF THE XI ADDL. CITY CIVIL
JUDGE, BANGALORE CITY, DECREEING THE SUIT FOR
PARTITION AND SEPARATE POSSESSION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL ORDER
Case called twice.
None present for the appellants.
Process fee not paid for issue of notice to the legal
representatives of deceased respondent No.3. Likewise,
amended cause title not filed.
Accordingly, left with no alternative, appeal is dismissed
for non prosecution.
Sd/-
(V SRISHANANDA)
JUDGE
kcm
