Smt H N Indira vs Smt H S Susheela
2024 Latest Caselaw 19744 Kant

Karnataka High Court

Smt H N Indira vs Smt H S Susheela on 6 August, 2024

Author: V Srishananda

Bench: V Srishananda

                                         -1-
                                                    NC: 2024:KHC:31886
                                                    MSA No. 35 of 2022




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 6TH DAY OF AUGUST, 2024

                                      BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
            MISCELLANEOUS SECOND APPEAL NO. 35 OF 2022 (RO)
            BETWEEN:

            1.    SMT. H.N. INDIRA,
                  W/O LATE SRI. S. RAMASWAMY,
                  D/O LATE SRI. H.S. NANJAPPA,
                  AGED ABOUT 73 YEARS,

            2.    SMT. H.N. USHA,
                  D/O LATE SRI. H.S. NANJAPPA,
                  AGED ABOUT 51 YEARS,

                  BOTH ARE RESIDING AT NO.846,
                  9TH CROSS, SHANKARAMUTT ROAD,
                  HASSAN - 573 201.
                                                         ...APPELLANTS
            (BY SRI. ABHINAY Y.T, ADVOCATE (ABSENT))
            AND:

Digitally   1.    SMT. H.S. SUSHEELA,
signed by         W/O LATE SRI. B.V. VENKATARAMU
MALATESH
KC                @ B.V. RAMU, AGED ABOUT 90 YEARS,
Location:         R/AT NO.1-8-300/4, B/E-40,
HIGH              BARASE APARTMENT, MINISTER'S ROAD,
COURT OF
KARNATAKA         SECUNDERABAD, TELANGANA STATE - 500 004,
                  NOW RESIDING AT HASSAN.

            2.    SRI. SRINIVASA,
                  S/O LATE SRI. B. RAMANNA,
                  AGED ABOUT 51 YEARS,
                  R/AT NO.1680, GANDHARVA NILAYA,
                  2ND CROSS, NORTHERN EXTENSION,
                  HASSAN - 573 201.

            3.    SRI. B.R. VASUDEV,
                  S/O LATE SRI. B. RANGAPPA,
                                  -2-
                                           NC: 2024:KHC:31886
                                          MSA No. 35 of 2022




    AGED ABOUT 65 YEARS,
    R/O HERAGU VILLAGE,
    DUDDA HOBLI, HASSAN - 573 118.
                                         ...RESPONDENTS
(BY SRI. OMKAR BASAVA PRABHU, ADVOCATE FOR R1;
    SRI. SANGAMES R.B, ADVOCATE FOR R2;
    VIDE ORDER DATED 09.06.2022, NOTICE TO R3 IS HELD
    SUFFICIENT)

     THIS MSA IS FILED UNDER ORDER 43 RULE 1(u) OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 04.02.2022
PASSED IN RA.No.55/2021 ON THE FILE OF THE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN,
ALLOWING THE APPEAL AND SETTING ASIDE THE ORDER
DATED 09.11.2021 PASSED ON IA No.8 IN OS No.42/2021 ON
THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND
JMFC, HASSAN, TRIAL COURT IS DIRECTED TO RE-REGISTER
THE CASE TO ITS ORIGINAL NUMBER AND PROCEED IN THE
MATTER IN ACCORDANCE WITH LAW.

    THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:    HON'BLE MR JUSTICE V SRISHANANDA


                        ORAL ORDER

None present on behalf of the appellants. Matter was

listed from yesterday to today.

No representation of learned counsel for the appellants.

Accordingly, appeal stands dismissed for non prosecution.

Sd/-

(V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 41/CT: BHK