Sri.M.Dhanapaul vs Smt. Sharadamma
2024 Latest Caselaw 3945 Kant

Karnataka High Court

Sri.M.Dhanapaul vs Smt. Sharadamma on 8 February, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                                     -1-
                                                              NC: 2024:KHC:5393
                                                           RFA No. 1187 of 2018




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 8TH DAY OF FEBRUARY, 2024

                                               BEFORE
                           THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                            REGULAR FIRST APPEAL NO. 1187 OF 2018 (PAR)


                      BETWEEN:

                      SRI.M.DHANAPAUL
                      S/O LATE T P MUNIYAPPA
                      AGED ABOUT 60 YEARS
                      R/A NO.8/84, NEW NO.5
                      8TH CROSS, 14TH CROSS
                      HENNUR MAIN ROAD
                      LINGARAJAPURAM
                      BENGALURU-560084
                      AND ALSO AT NO.77
                      AMAR JOTHI LAYOUT
                      ASWATH NAGAR
                      THANISANDRA MAIN ROAD
                      BENGALURU-560077.
                                                                   ...APPELLANT
                      (BY SRI. FAYAZ SAB B G .,ADVOCATE)
Digitally signed by
HEMALATHA A
                      AND:
Location: High
Court of Karnataka
                      1.    SMT. SHARADAMMA
                            W/O LATE T P MUNIYAPPA
                            AGED ABOUT 81 YEARS
                            R/A NO.8/84, NEW NO.5
                            8TH CROSS, 14TH CROSS
                            HENNUR MAIN ROAD
                            LINGARAJAPURAM
                            BENGALURU-560084.

                      2.    SRI M BALAJI
                            S/O LATE T P MUNIYAPPA
                                 -2-
                                               NC: 2024:KHC:5393
                                            RFA No. 1187 of 2018




     R/A NO.8/84, NEW NO.5
     8TH CROSS, 14TH CROSS
     HENNUR MAIN ROAD
     LINGARJAPURAM
     BENGALURU-560084.

3.   SMT M DHANALAKSHMI
     D/O LATE T P MUNIYAPPA
     AGED ABOUT 59 YEARS
     R/A NO.8/83, NEW NO.5
     8TH CROSS, 14TH CROSS
     HENNUR MAIN ROAD
     LINGARAJAPURAM
     BENGALURU-560084.

4.   SMT M USHA
     D/O LATE T P MUNIYAPPA
     AGED ABOUT 57 YEARS
     W/O SURESH
     R/A NO.22, 27TH MAIN
     II CROSS, G V S LAYOUT
     EJIPURA, BENGALURU-560047
                                                 ...RESPONDENTS

(BY SRI.A.C.PATIL AND SRI REDDY., ADV. FOR R1 TO R3)


      THE RFA IS FILED UNDER ORDR 41 RULE 1 R/W SECTION
96 OF CPC,1999 AGAINST THE JUDGMENT AND DECREE DATED
10.04.2018 PASSED IN OS NO.3921/2012 ON THE FILE OF THE
IX   ADDL.CITY   CIVIL   AND    SESSIONS     JUDGE,BANGALORE,
DISMISSING       THE     SUIT         FOR   PARTITION,SEPARATE
POSSESSION AND PERMANENT INJUNCTION.

      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                              -3-
                                           NC: 2024:KHC:5393
                                       RFA No. 1187 of 2018




                         JUDGMENT

1. Learned counsel for respondent Nos.1 to 3 has filed a

memo dated 12.06.2023 stating that the sole appellant

died on 20.12.2021.

2. Sofar, no application has been filed to bring the legal

representatives of deceased appellant.

3. Memo is taken on record.

4. Accordingly, the appeal is dismissed as abated.

5. In view of disposal of the main appeal, all pending

applications do not survive and the same are also disposed

of.

Sd/-

JUDGE

HA