Karnataka High Court
Sri B V Ramachandre Gowda vs Smt Kempamma on 6 August, 2024
Author: V Srishananda
Bench: V Srishananda
-1-
NC: 2024:KHC:32001
RFA No. 911 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR FIRST APPEAL NO. 911 OF 2015 (DEC/INJ)
BETWEEN:
1. SRI. B.V. RAMACHANDRE GOWDA
S/O LATE V. VENKATEGOWDA,
SINCE DEAD BY HIS LRS.
1(A). SMT. MEENAKSHI
WIFE OF LATE B V RAMACHANDRE GOWDA
AGED ABOUT 65 YRS
RESIDING ATNO 349/E,
KESTUR ROAD, BYRPATTANA VILLAGE,
MALLUR POST
CHANNAPATNA TALUK,
RAMANAGAR - 562 160
1(B). SRI. BHARATH KUMAR B.R.,
SON OF LATE B V RAMACHANDRE GOWDA
AGED ABOUT 41 YRS
Digitally RESIDING AT NO 349/E,
signed by KESTUR ROAD, BYRPATTANA VILLAGE,
MALATESH
KC MALLUR POST
Location: CHANNAPATNA TALUK,
HIGH RAMANAGAR - 562 160
COURT OF
KARNATAKA
1(C). SMT. SHILPA B.R.,
DAUGHTER OF LATE B V RAMACHANDRE GOWDA
W/O HEMANTHA KUMAR,
AGED ABOUT 40 YRS
RESIDING AT 27TH WARD,
NEAR KEMPEGOWDA CIRCLE,
MAGADI ROAD, IJOOR RAMANAGARAM,
RAMANAGARA - 562 159
-2-
NC: 2024:KHC:32001
RFA No. 911 of 2015
1(D). SRI. SHARTH KUMAR B.R.,
SON OF LATE B V RAMACHANDRE GOWDA
AGED ABOUT 37 YRS
RESIDING AT NO 349/E, KESTUR ROAD,
BYRPATTANA VILLAGE, MALLUR POST
CHANNAPATNA TALUK,
RAMANAGAR - 562 160
...APPELLANTS
(BY SRI. MUJTABA H., ADVOCATE)
AND:
1. SMT. KEMPAMMA
W/O LAT G.A. RAME GOWDA
D/O V. VENKATE GOWDA
AGEDA BOUT 69 YEARS,
RESIDING AT BYRAPATTANA VILLAGE,
MALUR HOBLI,
CHANNAPTNA TALUK,
BANGALORE RURAL DISTRICT-571 511.
2. SMT. HEMA,
D/O LATE G.A. RAME GOWDA,
AGED ABOUT 54 YEARS,
R/OF NAGAKERE VILLAGE,
MADHUR TALUK,
MANDYA DISTRICT-571 433.
ALSO AT
BYRAPATTANA VILALGE,
MALUR HOBLI,
CHANNAPATNA TALUK,
BANGALORE RURAL DISTRICT-571 511
3. SRI. R. RAVI
S/O LATE G.A. RAME GOWDA
AGED ABOUT 42 YEARS,
BYRAPATTANA VILALGE,
MALUR HOBLI,
CHANNAPATNA TALUK,
BANGALORE RURAL DISTRICT-571 511
-3-
NC: 2024:KHC:32001
RFA No. 911 of 2015
4. SRI. M. YOUSUF KHAN,
S/O SRI. M. AHMED KHAN,
RESIDING AT NO.1./1,
ASHOKA PILLAR ROAD,
NEXT TO MAHABODHI MALLIGE
HOSPITAL, JAYANAGAR IST BLOCK,
BANGALORE-560 011.
5. SRI. B.G. RAMAKRISHNE GOWDA,
S/O GIRI GOWDA,
AGED ABOUT 64 YEARS,
RESIDING AT KESTUN ROAD,
BYRAPATNE, DODDAMALLUR POST,
CHANNAPATNA TALUK,
BANGALORE RURAL DISTRICT,
BANGALORE-560 011.
6. MR. JAVEED PASHA BAIG,
S/O OF MR. K HYDER BAIG,
AGED ABOUT 40 YEARS,
R/AT NO.129, 7TH MAIN ROAD,
BYRASANDRA OFFICIAL COLONY,
JAYANAGAR IST BLOCK EAST,
BANGALORE-560 011.
7. MRS. SHAMAILA FARAZ
W/O MR.JAVEED PASHA BAIG,
AGED ABOUT 33 YEARS,
R/AT NO.129, 7TH MAIN ROAD,
BYRASANDRA OFFICIAL COLONY,
JAYANAGAR I BLOCK EAST,
BANGALORE-560 011.
...RESPONDENTS
(BY SRI. B.T. INDUSHEKAR, ADVOCATE FOR R1 AND R3;
R4 AND R7 ARE SERVED AND UNREPRESENTED;
V/O DATED 29.07.2024, NOTICE TO R6 IS
DISPENSED AS PLACED EXPARTE;
V/O DATED 29.07.2024, APPEAL AGAINST DISMISSED
AS ABATED AGAINST R5;
V/O DATED 29.07.2024, R1 AND R3 ARE
LRS OF DECEASED R2)
-4-
NC: 2024:KHC:32001
RFA No. 911 of 2015
THIS RFA IS FILED UNDER SEC.96 OF CPC., R/W ORDER
XLI RULE 1 OF CPC., 1908 AGAINST THE JUDGMENT AND
DECREE DATED 10.02.2015 PASSED IN OS.NO.4071/2006 ON
THE FILE OF THE XIV ADDL.CITY CIVIL JUDGE, BENGALURU
CITY PARTLY DECREEING THE SUIT FOR DECLARATION AND
POSSESSION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL ORDER
Memo filed for dispensation of filing of paper book is
rejected.
Paper books are not filed. Accordingly, appeal stands
dismissed for non prosecution.
Sd/-
(V SRISHANANDA)
JUDGE
KAV
