Smt. Channamma vs Smt. Kempamma
2024 Latest Caselaw 19564 Kant

Karnataka High Court

Smt. Channamma vs Smt. Kempamma on 5 August, 2024

Author: V Srishananda

Bench: V Srishananda

                                               -1-
                                                      NC: 2024:KHC:31048
                                                      RFA No. 47 of 2021




                   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. 47 OF 2021 (DEC/PAR)
                   BETWEEN:

                   1.   SMT. CHANNAMMA
                        D/O LATE SEEREGOWDA,
                        AGED ABOUT 75 YEARS,

                   2.   SMT SHIVAMMA
                        AGED ABOUT 55 YEARS,
                        W/O LATE NINGAIAH,

                   3.   NAGARAJU
                        AGED ABOUT 32 YEARS,
                        S/O LATE NINGAIAH,

                   4.   SAVITHA
                        AGED ABOUT 30 YEARS,
                        D/O LATE NINGAIAH,
Digitally signed
by VIDYA G R            APPELLANTS ARE RESIDING AT:
Location: HIGH
COURT OF                CHIKKENAHALLI VILLAGE,
KARNATAKA               KASABA HOBLI,
                        KANAKAPURA TALUK,
                        RAMANAGARA DISTRICT
                                                          ... APPELLANTS
                   (BY SRI. JAYANTHA H., ADVOCATE)

                   AND:

                   1.   SMT. KEMPAMMA
                        AGED ABOUT 80 YEARS,
                        W/O LATE KENGAIAH,
                             -2-
                                      NC: 2024:KHC:31048
                                      RFA No. 47 of 2021




2.   HONNEGOWDA
     S/O LATE KENGAIAH,
     AGED ABOUT 45 YEARS

3.   SHIVALAKKA
     AGED ABOUT 43 YEARS,
     S/O LATE KENGAIAH,

4.   SMT LAKSHMI
     AGED ABOUT 38 YEARS,
     D/O LATE KENGAIAH,

5.   SMT ERAMMA
     AGED ABOUT 78 YEARS,
     W/O LATE HOTTAPPA,

6.   RAVI
     AGED ABOUT 48 YEARS,
     S/O LATE HOTTAPPA,

7.   GIRISH
     AGED ABOUT 43 YEARS,
     S/O LATE HOTTAPPA

8.   JAYARATHNA
     AGED ABOUT 40 YEARS,
     D/O LATE HOTTAPPA,

9.   SHASHI
     AGED ABOUT 38 YEARS,
     D/O LATE HOTTAPPA,

     ALL RESPONDENTS ARE
     RESIDING AT:
     CHIKKENAHALLI VILLAGE,
     KASABA HOBLI,
     KANAKAPURA TALUK,
     RAMANAGARA DISTRICT
                                         ... RESPONDENTS
(BY SRI. RAJANNA., ADVOCATE FOR R1, R3 TO R7 & R9)
                              -3-
                                          NC: 2024:KHC:31048
                                          RFA No. 47 of 2021




     THIS RFA IS FILED UNDER SECTION 96 OF CPC READ
WITH ORDER 41 RULE 1 OF CPC, 1908, AGAINST THE
JUDGMENT AND DECREE DATED 14.07.2020 PASSED IN
O.S.No.179/2014 (OLD OS.No.320/2010) ON THE FILE OF THE
SENIOR CIVIL JUDGE AND JMFC, KANAKAPURA, DISMISSING
THE SUIT FOR PARTITION.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:   HON'BLE MR JUSTICE V SRISHANANDA


                       ORAL JUDGMENT

The order dated 08.12.2023 is not complied till

today. As such, the appeal stands dismissed for

non-prosecution.

Sd/-

(V SRISHANANDA) JUDGE

VGR