Karnataka High Court
Smt Sudha vs Sri M Krishna Reddy on 16 February, 2024
-1-
NC: 2024:KHC:6788
RFA No. 971 of 2012
C/W RFA No. 275 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE C M JOSHI
REGULAR FIRST APPEAL NO. 971 OF 2012 (PAR)
C/W
REGULAR FIRST APPEAL NO. 275 OF 2012 (PAR)
IN RFA NO. 971 OF 2012
BETWEEN:
1. SMT. SUDHA
W/O LATE K MUNIREDDY,
AGED ABOUT 40 YEARS.
2. KUM. A M HEMA,
D/O LATE K.MUNIREDDY,
AGED ABOUT 17 YEARS.
3. KUM. A.M BRUNDA,
D/O LATE K.MUNIREDDY,
AGED ABOUT 13 YEARS.
Digitally signed
by ANNAPURNA SINCE R-2 & 3 ARE MINORS,
G REP. BY THEIR MOTHER & NATURAL
Location: High GUARDIAN SMT.SUDHA,
Court of W/O LATE K.MUNIREDDY.
Karnataka
ALL ARE R/A NO.147, 4TH CROSS,
20TH MAIN, H.S.R IST SECTOR,
AGARA, BANGALORE-560 034.
...APPELLANTS
(BY SRI K P BHUVAN, ADVOCATE [PH])
AND:
1. SRI M KRISHNA REDDY,
S/O LATE CHIKKAMUNISWAMAPPA,
-2-
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RFA No. 971 of 2012
C/W RFA No. 275 of 2012
AGED ABOUT 72 YEARS.
2.
SMT. RADHAMMA,
W/O M.KRISHNA REDDY,
MAJOR IN AGE,
BOTH ARE R/AT AGARA VILLAGE,
BEGUR HOBLI,
BANGALORE SOUTH TALUK.
3. SRI SRINIVASA REDDY,
S/O LATE RAMAREDDY,
MAJOR IN AGE.
4. SRI MANJUNATHA REDDY,
S/O LATE RAMAREDDY,
MAJOR IN AGE.
5. SRI JAYARAM REDDY,
S/O LATE RAMAREDDY,
MAJOR IN AGE.
6. SRI R. NARASIMHAREDDY,
S/O LATE RAMAREDDY,
MAJOR IN AGE.
DEFENDANT NOS. 3 TO 6 ARE
R/O AGARA VILLAGE, BEGUR HOBLI,
BANGALORE SOUTH TALUK.
7. SRI RAGHURAMA REDDY,
S/O GUNDAPPA,
MAJOR IN AGE,
R/O NEAR BUS STAND 1ST BLOCK,
KORAMANGALA, BANGALORE.
8. SRI H K SRINIVASA REDDY,
S/O M KRISHNA REDDY,
AGED ABOUT 45 YEARS,
R/A NO.147, 4TH CROSS,
20TH MAIN, H.S.R, 1ST SECTOR,
-3-
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RFA No. 971 of 2012
C/W RFA No. 275 of 2012
AGARA, BANGALORE-560 034.
...RESPONDENTS
(BY SRI V SHIVA KUMAR, ADVOCATE FOR R8;
R2 IS SERVED;
SRI A.M SURESH REDDY, ADVOCATE FOR R3, R4 & R7;
THE APPELLANTS ARE TREATED AS LRS OF DECEASED R1
V/O DATED 12.09.2022;
APPEAL STANDS DISMISSED AS ABATED IN R/O R5 & R6
V/O DATED 30.01.2024)
THIS RFA IS FILED U/SEC.96 OF CPC, AGAINST THE
JUDGMENT AND DECREE DATED 31.10.2011 PASSED IN
O.S.7427/1995 ON THE FILE OF THE XLIII-ADDL. CITY CIVIL
AND SESSIONS JUDGE, CCH-44, BANGALORE, PARTLY
DECREEING AND PARTLY DISMISSED THE SUIT FOR
PARTITION AND SEPARATE POSSESSION.
IN RFA NO 275 OF 2012
BETWEEN:
SRI H K SRINIVASA REDDY,
S/O M. KRISHNA REDDY,
AGED ABOUT 45 YEARS,
R/AT NO.147, 4TH CROSS,
20TH MAIN, H.S.R. 1ST SECTOR,
AGARA, BANGALORE-560 034.
...APPELLANT
(BY SRI V SHIVA KUMAR & SRI L HARISH KUMAR,
ADVOCATES)
AND:
1. SRI M KRISHNA REDDY,
S/O LATE CHIKKAMUNISWAMAPPA,
AGED ABOUT 72 YEARS.
2. SMT. RADHAMMA,
W/O M.KRISHNA REDDY,
MAJOR IN AGE.
BOTH ARE RESIDING AT
-4-
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RFA No. 971 of 2012
C/W RFA No. 275 of 2012
AGARA VILLAGE, BEGUR HOBLI
BANGALORE SOUTH TALUK 560 034.
3. SRI SRINIVASA REDDY,
S/O LATE RAMAREDDY,
MAJOR IN AGE.
4. SRI MANJUNATHA REDDY,
S/O LATE RAMA REDDY,
MAJOR IN AGE.
5. SRI JAYARAM REDDY,
S/O LATE RAMA REDDY,
MAJOR IN AGE.
6. SRI R. NARASIMHAREDDY,
S/O LATE RAMA REDDY,
MAJOR IN AGE.
DEFENDANT NOS. 3 TO 6 ARE
R/O AGARA VILLAGE, BEGUR HOBLI,
BANGALORE SOUTH TALUK-560 034.
7. SRI RAGHURAMA REDDY,
S/O GUNDAPPA,
MAJOR IN AGE,
R/O NEAR BUS STAND 1ST BLOCK,
KORAMANGALA, BANGALORE-56 277.
8. SMT. SUDHA,
W/O LATE K.MUNIREDDY,
AGED ABOUT 57 YEARS.
9. KUM. A.M. HEMA,
D/O LATE K. MUNIREDDY,
AGED ABOUT 34 YEARS.
10 . KUM. A.M. BRUNDA,
D/O LATE K. MUNIREDDY,
AGED ABOUT 30 YEARS.
ALL ARE R/AT NO. 147, 4TH CROSS,
20TH MAIN, H.S.R 1ST SECTOR,
-5-
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RFA No. 971 of 2012
C/W RFA No. 275 of 2012
AGARA, BANGALORE-560 034.
...RESPONDENTS
(BY SRI G.V SHASHIKUMAR, ADVOCATE FOR R3, R4 & R7;
SRI K KRISHNASWAMY, ADVOCATE FOR R6;
R2, R8, R9, R10 ARE SERVED;
APPEAL AGAINST R5 IS ABATED V/O DATED 17.08.2022;
APPEAL AGAINST R1 & R6 STANDS ABATED V/O DATED
30.01.2024)
THIS RFA IS FILED U/SEC.96, OF CPC, AGAINST THE
JUDGMENT AND DECREE DATED 31.10.2011 PASSED IN
O.S.7427/1995 ON THE FILE OF THE XLIII-ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, AT BANGALORE (CCH-44)
PARTLY DECREEING AND PARTLY DISMISSING THE SUIT FOR
PARTITION AND SEPARATE POSSESSION.
THESE APPEALS COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard the learned counsel appearing for the
appellants and the learned counsel for respondents in both
these appeals.
2. It is seen that learned counsel for appellant in
RFA No.275/2012 is the counsel for respondent No.8 in
RFA No.971/2012. The learned counsel for the appellant in
RFA No.971/2012 is also present.
3. On a perusal of the records, it is seen that
respondent Nos. 1, 5 and 6 in RFA No.971/2012 have
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died. These appeals are filed by the two sons of defendant
Nos. 1 and 2 before the trial court. The remaining
defendants are the purchasers of the property from
defendant No.1 and his father.
4. It is evident that after the death of respondent
No.1, the legal heirs are not brought on record by the
appellant in RFA No.275/2012. So also two of the
purchasers have died and their legal heirs are not brought
on record.
5. In that view of the matter, the present suit
being the one for partition and separate possession,
without the presence of the legal heirs of the deceased
respondents cannot be proceeded with. It is also noticed
that the suit filed by the plaintiffs was dismissed insofar as
the properties which were purchased by defendant Nos. 3
to 7. Therefore, the right to sue do not survive when
some of the purchasers have died. Consequently, the
appeals are dismissed as abated.
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6. So far as other purchasers are concerned, they
are not appearing before this Court.
7. Therefore, the appeals are dismissed for non-
prosecution.
Sd/-
JUDGE
tsn*
