Smt. Rathnamma vs The Chief Secretary
2024 Latest Caselaw 3940 Kant

Karnataka High Court

Smt. Rathnamma vs The Chief Secretary on 8 February, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                               -1-
                                                           NC: 2024:KHC:5369
                                                       MFA No. 5005 of 2017




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 8TH DAY OF FEBRUARY, 2024

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   MISCELLANEOUS FIRST APPEAL NO. 5005 OF 2017 (ISA)

                   BETWEEN:

                   1.    SMT. RATHNAMMA
                         W/O LATE HANUMAIAH,
                         AGD ABOUT 50 YEARS,
                         MUSIC TEACHER
                         R/O HALAHALLI SLUM
                         BLOCK NO.36, HALAHALLI,
                         MANDYA CITY-571401
                                                                  ...APPELLANT
                                 (BY SRI. MADHU M.T., ADVOCATE)
                   AND:

                   1.    THE CHIEF SECRETARY
                         GOVERNMENT OF KARNATAKA
                         VIDHANA SOUDHA,
                         BENGALURU-560001
Digitally signed
by SHARANYA T
Location: HIGH     2.    BLOCK EDUCATIONAL OFFICER
COURT OF                 MALAVALLI TALUK,
KARNATAKA
                         MANDYA DISTRICT-571430

                   3.    HEAD MASTER
                         GOVT. HIGHER PRIMARY BOYS SCHOOL,
                         MALAVALLI TOWN-571430

                   4.    DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS,
                         MANDYA DISTRICT-571401

                   5.    ACCOUNTANT GENERAL OF KARNATAKA
                         VIDHANA SOUDHA
                         BENGALURU-560001
                            -2-
                                         NC: 2024:KHC:5369
                                     MFA No. 5005 of 2017




6.   MANAGER
     VIJAYA BANK BRANCH
     P B NO.10
     MALAVALLI-571430

7.   MANAGER
     STATE BANK OF MYSORE
     NOW STATE BANK OF INDIA
     P B NO.1, MYSORE ROAD
     MALAVALLI-571430

8.   D.N. HANUMESH
     S/O NINGEGOWDA
     AGED ABOUT 30 YEARS,
     R/O DUGGANAHALLI VILLAGE,
     KIRUGAVALU HOBLI,
     MALAVALLI TALUK,
     MANDYA DISTRICT-571424
                                          ...RESPONDENTS

        (BY SMT. M.V.ADHITHY , AGA FOR R1 TO R4;
                  R6 & R7 ARE SERVED;
            SRI PRAMOD R., ADVOCATE FOR R8)

     THIS MFA IS FILED UNDER SECTION 384 OF INDIAN
SUCCESSION ACT, PRAYING TO SET ASIDE THE ORDER
PASSED BY THE PRL. SENIOR CIVIL JUDGE & CJM MANDYA IN
P & SC.NO.03/2014 DATED 06.04.2017.

    THIS APPEAL, COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                       JUDGMENT

This is the appeal of the year 2017 and though this

court vide order dated 25.01.2024 made an observation

that if steps are not taken, the appeal will be dismissed.

NC: 2024:KHC:5369

Inspite of it till date, steps are not taken and even notice

has not been served against respondent No.5.

Hence, the appeal is dismissed.

Sd/-

JUDGE

SS