Eranaika vs Chanappa
2024 Latest Caselaw 19894 Kant

Karnataka High Court

Eranaika vs Chanappa on 7 August, 2024

Author: S.G.Pandit

Bench: S.G.Pandit

                                                  -1-
                                                        NC: 2024:KHC:31560-DB
                                                        RFA No. 1861 of 2010




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                             DATED THIS THE 7TH DAY OF AUGUST, 2024
                                             PRESENT
                               THE HON'BLE MR JUSTICE S.G.PANDIT
                                                 AND
                             THE HON'BLE MR JUSTICE C.M. POONACHA
                       REGULAR FIRST APPEAL NO. 1861 OF 2010 (PAR)


                      BETWEEN:

                      ERANAIKA
                      S/O KALLANAIKA
                      AGED ABOUT 60 YEARS
                      R/O K.HUNASAVALLI VILLAGE
                      HARATHALU POST
                      HOSANAGARA TALUK
                      SHIMOGA DISTRICT-577202.
                                                                 ...APPELLANT
                      (BY SRI. MAHESH R UPPIN, ADV.)

                      AND:

Digitally signed by   1.   CHANAPPA
MARIGANGAIAH
PREMAKUMARI                S/O RAMANAIKA
Location: HIGH             AGED ABOUT 45 YEARS
COURT OF
KARNATAKA                  KOLLURANAIKA
                           S/O KALLANAIKA
                           DEAD BY HIS LRS

                      2.   KAMALAKSHMAMMA
                           W/O KOLLUR NAIKA
                           AGED ABOUT 62 YEARS
                           C/O SURESHA KUMAR
                           ADVOCATE
                            -2-
                                   NC: 2024:KHC:31560-DB
                                   RFA No. 1861 of 2010




3.   VEDESHA
     S/O KOLLUR NAIKA
     AGED ABOUT 44 YEARS
     BANGALORE
     C/O SURESHA KUMAR
     ADVOCATE

4.   SURESHA KUMAR
     S/O KOLLUR NAIKA
     AGED ABOUT 41 YEARS
     HOSANAGARA TOWN
     ADVOCATE

5.   GAYATRI D
     D/O KOLLURA NAIKA
     AGED ABOUT 39 YEARS
     C/O SURESHA KUMAR
     ADVOCATE

6.   JAYAKARA
     S/O KOLLURA NAIKA
     AGED ABOUT 37 YEARS
     C/O SURESHA KUMAR
     ADVOCATE

7.   BYRANAIKA
     S/O KALLANAIKA
     AGED ABOUT 65 YEARS

     ALL ARE R/AT K.HUNASAVALLI VILLAGE
     HARATHALU POST
     HOSANAGARA TALUK
     SHIMOGA DISTRICT-577202.

8.   SMT. NAGAMMA
     W/O RAMCHANDRADAS
     D/O KALLANAIKA
     AGED ABOUT 52 YEARS
     R/AT MALLAVALLI
     MATTIKOPPA KASABA HOBLI
     MALAVALLI VILLAGE, BEEMGERE POST
     HOSANAGARA TALUK-577201.
                            -3-
                                      NC: 2024:KHC:31560-DB
                                      RFA No. 1861 of 2010




9.   SMT. MANJAMMA
     W/O KRISHNAMURTHY
     AGED ABOUT 47 YEARS
     MESCOM EMPLOYEE
     L.T.READING NEAR BY
     LAGAB KALYANMANTAP
     SHIMOGA -577 202.

10. SMT. NAGARATHNA M K
    W/O SWAMINATHA H K
    AGED ABOUT 45 YEARS
    R/AT DOOR NO.18(1)
    YELLAKAPPAKERI
    SHIMOGA-577202.
                                            ...RESPONDENTS
(BY SRI. DINESH HEDGE, ADV. FOR R1
 SRI S.V. PRAKASH, ADV. FOR R8-10
 R2-R7 SERVED)

     THIS APPEAL IS FILED UNDER SECTION 96, OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED19.08.2010
PASSED IN O.S.18/2008 ON THE FILE OF THE SENIOR-ADDL.
CIVIL JUDGE, AND JMFC., SAGAR, PARTLY DECREEING THE
SUIT FOR PARTITION AND SEPARATE POSSESSION.

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

CORAM:   HON'BLE MR JUSTICE S.G.PANDIT
         AND
         HON'BLE MR JUSTICE C.M. POONACHA

                   ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE S.G.PANDIT)

Learned counsel for the appellant files a memo dated

02.08.2023, which reads as follows:

NC: 2024:KHC:31560-DB

"In the above appeal registered notice sent to the sole appellant returned with a shara "appellant dead and hence returned". In view of the said fact the above appeal stands abated as the LRs failed to come and take steps to LRs application. Hence, the above appeal may kindly be ordered to be dismissed as abated in the interest of justice."

In terms of the above memo, the appeal stands

dismissed as abated.

Sd/-

(S.G.PANDIT) JUDGE

Sd/-

(C.M. POONACHA) JUDGE

MPK CT:bms