Smt Neelamma vs Siddaraju
2024 Latest Caselaw 19552 Kant

Karnataka High Court

Smt Neelamma vs Siddaraju on 5 August, 2024

Author: V Srishananda

Bench: V Srishananda

                                             -1-
                                                        NC: 2024:KHC:31050
                                                        RFA No. 32 of 2015




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 5TH DAY OF AUGUST, 2024

                                           BEFORE
                          THE HON'BLE MR JUSTICE V SRISHANANDA
                   REGULAR FIRST APPEAL NO. 32 OF 2015 (PAR/POS)


                   BETWEEN:

                   1.   SMT NEELAMMA
                        W/O NAGANNA
                        AGED ABOUT 39 YEARS
                        D/O LATE NANJAPPA
                        R/O KOLLIGANAHALLI VILLAGE
                        HAROHALLI HOBLI
                        KANAKAPURA TALUK
                        RAMANAGARA DISTRICT-571 511

                   2.   SMT CHANDRAMMA
                        W/O VENKATARAMANAPPA
                        D/O LATE NANJAPPA
                        AGED ABOUT 34 YEARS
Digitally signed
by VIDYA G R            R/O KAGGALAHALLI VILLAGE
Location: HIGH
COURT OF                KANAKAPURA TALUK
KARNATAKA               RAMANAGARA DISTRICT-571 511
                                                            ... APPELLANTS
                   [APPELLANT NO.1 - SMT. NEELAMMA CALLED OUT - (ABSENT);
                   APPELLANT NO.2 - SMT. CHANDRAMMA - (DEAD)]

                   AND:

                   1.   SIDDARAJU
                        S/O LATE LINGAPPA @ LINGAIAH
                        AGED MAJOR
                           -2-
                                      NC: 2024:KHC:31050
                                      RFA No. 32 of 2015




     R/O KOLLIGANAHALLI VILLAGE
     HAROHALLI HOBLI
     KANAKAPURA TALUK
     RAMANAGARA DISTRICT-571 511

2.   SMT THAYAMMA
     W/O LATE NANJAPPA
     D/O LINGAPPA @ LINGAIAH
     AGED ABOUT 51 YEARS
     R/O PUTTERAMMANA DODDI
     BIDADI HOBLI
     RAMANAGARA TALUK
     RAMANAGARA DISTRICT-571 511

3.   SMT GOWRAMMA
     W/O RAMESH
     AGED ABOUT 36 YEARS
     R/O KOLLIGANAHALLI VILLAGE
     HAROHALLI HOBLI
     KANAKAPURA TALUK
     RAMANAGARA DISTRICT-571 511
                                        ... RESPONDENTS
(BY SRI. R B SADASIVAPPA, ADVOCATE FOR R1;
    SRI G.B. NANDISH GOWDA, ADVOCATE FOR R2;
    R3 - SERVED AND UNREPRESENTED)

     THIS RFA IS FILED U/S 96 OF CPC, AGAINST THE
JUDGEMENT AND DECREE DATED 10.10.2014 PASSED IN
O.S.411/2008 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE,
CJM, RAMANAGARA, DISMISSING 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
                             -3-
                                         NC: 2024:KHC:31050
                                         RFA No. 32 of 2015




                    ORAL JUDGMENT

The Court notice issued to appellant No.1 is duly

served. The name of appellant No.1 is called out and she

is absent and has not chosen to engage any Advocate to

appear on her behalf. Further, the Court notice issued to

appellant No.2 is returned with an endorsement that

appellant No.2 is 'dead'.

2. Left with no other alternative, the appeal stands

dismissed for non-prosecution.

Sd/-

(V SRISHANANDA) JUDGE

VGR