Kalyani Acharthi vs Lakshmi Acharthi
2024 Latest Caselaw 19739 Kant

Karnataka High Court

Kalyani Acharthi vs Lakshmi Acharthi on 6 August, 2024

Author: V Srishananda

Bench: V Srishananda

                                         -1-
                                                     NC: 2024:KHC:31606
                                                     RFA No. 53 of 2018




                 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. 53 OF 2018 (PAR)
            BETWEEN:

            1.    KALYANI ACHARTHI
                  W/O LATE SRINIVASA ACHAR,
                  AGED ABOUT 67 YEARS.

            2.    SMT. YASHODA
                  AGED ABOUT 47 YEARS.

            3.    SHEKAR ACHAR
                  AGED ABOUT 45 YEARS.

            4.    GANESH ACHAR
                  AGED ABOUT 43 YEARS.

            5.    RAGHAVENDRA ACHAR
                  AGED ABOUT 41 YEARS.

Digitally   6.    SMT. VINODA
signed by         AGED ABOUT 37 YEARS.
MALATESH
KC
                  NO.2 TO 6 ARE CHILDREN OF
Location:
HIGH              LATE SRINIVAS ACHAR.
COURT OF
KARNATAKA         ALL ARE RESIDING AT KADINAKONDA,
                  KANDAVARA VILLAGE,
                  MOODLAKATTE POST,

                  KUNDAPURA TALUK,
                  UDUPI DISTRICT 576 201.
                                                          ...APPELLANTS
            (BY SRI. K SHRIHARI, ADVOCATE)
                             -2-
                                   NC: 2024:KHC:31606
                                   RFA No. 53 of 2018




AND:

1.   LAKSHMI ACHARTHI
     AGED ABOUT 73 YEARS.
     W/O LATE NARAYANA ACHARY

2.   SMT. LALITHA
     AGED ABOUT 53 YEARS.

3.   KRISHNAYYA ACHARY
     AGED ABOUT 51 YEARS.

4.   SMT. SHARADA
     AGED ABOUT 48 YEARS.

5.   SMT. SAROJA
     AGED ABOUT 44 YEARS.

6.   CHANDRA ACHARY
     AGED ABOUT 42 YEARS.

7.   SMT. JYOTHI
     AGED ABOUT 37 YEARS.

8.   SMT. GEETHA
     AGED ABOUT 37 YEARS.

    NO.2 TO 8 ARE CHILDREN OF
    LATE NARAYANA ACHARY,
    AGRICULTURIST,
    R/O KADINAKONDA, KANDAVARA VILLAGE,
    MOODLAKATTE POST,
    KUNDAPURA TALUK,
    UDUPI DISTRICT 576 201.
                                        ...RESPONDENTS
(R1, R2, R4, R5, R6, R7 AND R8 ARE
 SERVED AND UNREPRENSETED;
 V/O DATED 06.08.2024, APPEAL DISMISSED
 AGAINST DECEASED R3)
                                  -3-
                                               NC: 2024:KHC:31606
                                               RFA No. 53 of 2018




     THIS RFA IS FILED U/S.96 OF CPC, AGAINST THE
JUDGMENT AND DECREE DATED 23.09.2017 PASSED IN
OS.NO.11/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE,
KUNDAPURA, 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

Sri.K.Srihari, learned counsel for the appellants prays

time to take appropriate steps in respect of respondent No.3.

Sufficient time was already granted. Hence, no

justification. Accordingly, appeal against respondent No.3

stands dismissed.

Paper books are not filed despite granting sufficient time.

Accordingly, appeal is dismissed for non prosecution.

Sd/-

(V SRISHANANDA) JUDGE

KAV