Karnataka High Court
Smt B Lalitha W/O Late M.Venkatesh vs Sri Chikka Venkataramanappa on 22 February, 2024
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NC: 2024:KHC:7369
RFA No. 806 of 2009
C/W RFA No. 756 of 2009
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE C M JOSHI
REGULAR FIRST APPEAL NO. 806 OF 2009 (PAR/INJ)
C/W
REGULAR FIRST APPEAL NO. 756 OF 2009 (INJ)
IN RFA NO. 806/2009
BETWEEN:
SMT. B. LALITHA,
W/O LATE M.VENKATESH,
AGED ABOUT 49 YEARS,
R/A NO. 2145/1,
"DYUTHI NIVAS",
MUNIKRISHNAPPA COMPOUND,
KAMMAGONDANAHALLI,
ABBIGERE MAIN ROAD,
BANGALORE - 560 015.
...APPELLANT
Digitally signed (BY SMT. D. LALITHA, ADVOCATE (ABSENT))
by
ANNAPURNA G AND:
Location: High
Court of
Karnataka SRI CHIKKA VENKATARAMANAPPA,
SINCE DECEASED BY HIS LRS.,
SMT. JAYAMMA,
1. AGED ABOUT 59 YEARS,
W/O LATE CHIKKA VENKATARAMANAPPA,
2. SRI. C.VENKATESH,
S/O LATE CHIKKA VENKATARAMANAPPA,
AGED ABOUT 39 YEARS,
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NC: 2024:KHC:7369
RFA No. 806 of 2009
C/W RFA No. 756 of 2009
3. SRI. C.V.MANJUNATH,
S/O LATE CHIKKA VENKATARAMANAPPA,
AGED ABOUT 36 YEARS,
4. SRI. SRINIVAS,
S/O LATE CHIKKA VENKATARAMANAPPA,
AGED ABOUT 28 YEARS,
5. SRI. MANJU,
S/O LATE CHIKKA VENKATARAMANAPPA,
AGED ABOUT 30 YEARS,
6. SRI. NARAYANASWAMY,
S/O DODDA VENKATARAMANAPPA,
AGED ABOUT 40 YEARS,
7. SRI. RAMESH,
S/O DODDA VENKATARAMANAPPA,
AGED ABOUT 29 YEARS,
ALL ARE R/AT JALAHALLI WEST,
ABBIGERE MAIN ROAD,
BANGALORE - 560 015.
...RESPONDENTS
(BY SRI. H. M. GOPAL FOR R4 TO R7.,ADVOCATE (ABSENT))
THIS RFA IS FILED U/S 96 OF CPC, AGAINST THE
JUDGMENT AND DECREE DATED 18.4.2009 PASSED IN O.S.
NO.2349/2006 ON THE FILE OF THE XXXVIII ADDL. CITY CIVIL
& SESSIONS JUDGE, BANGALORE, DISMISSING THE SUIT FOR
PERMANENT INJUNCTION.
IN RFA NO.756/2009:
BETWEEN:
1. SMT. YESHODAMMA,
W/O LATE MUNIKRISHNAPPA,
AGED ABOUT 73 YEARS,
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RFA No. 806 of 2009
C/W RFA No. 756 of 2009
2. SRI SHANTHAKUMAR,
S/O LATE MUNIKRISHNAPPA,
AGED ABOUT 52 YEARS,
3. SRI GANGADHAR,
S/O LATE MUNIKRISHNAPPA,
AGED ABOUT 50 YEARS,
4. SMT. LALITHAMMA,
W/O LATE VENKATESH,
AGED ABOUT 49 YEARS,
5. SMT. SUDHA,
W/O GANGADHAR,
AGED ABOUT 43 YEARS,
ALL ARE R/AT NO.15,
ASHWIN BAR AND RESTAURANT,
ABBIGERE MAIN ROAD,
KAMMAGONDANAHALLI,
JALAHALLI WEST,
BANGALORE - 560 016.
...APPELLANTS
(BY SMT. YESHODAMMA FOR APPELLANT (ABSENT))
AND:
SRI CHIKKA VENKATARAMANAPPA,
SINCE DECEASED BY HIS LRS,
1. SMT. JAYAMMA,
W/O LATE CHIKKA VENKATARAMANAPPA,
AGED ABOUT 59 YEARS.
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NC: 2024:KHC:7369
RFA No. 806 of 2009
C/W RFA No. 756 of 2009
2. SRI C. VENKATESH,
S/O LATE CHIKKA VENKATARAMANAPPA,
AGED ABOUT 39 YEARS.
3. SRI C.V. MANJUNATH,
S/O LATE CHIKKA VENKATARAMANAPPA,
AGED ABOUT 36 YEARS.
R/AT PATEL SHAMANNA MAIN ROAD,
KAMMAGONDANAHALLI,
JALAHALLI WEST POST,
BANGALORE - 560 016.
...RESPONDENTS
(BY SRI. H.M. GOPAL ADVOCATE FOR C/R (ABSENT))
THIS RFA IS FILED U/S 96 OF CPC, AGAINST THE
JUDGMENT AND DECREE DATED 18.04.2009 PASSED IN
O.S. NO.3608/2005 ON THE FILE OF THE XXXVIII ADDL. CITY
CIVIL JUDGE, BANGALORE, DECREEING THE SUIT FOR
PERMANENT INJUNCTION.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
None appear for the appellants in both the appeals.
2. On the last date of hearing i.e, on 05.02.2024
this Court had passed the following order:
"Sri K.Narashima Murthy, learned counsel for
the appellant has filed memo for retirement,
since the party has taken the entire file in the
year 2020. Hence, he is permitted to retire from
the above cases.
NC: 2024:KHC:7369
Registry to show the name of appellant in the
cause list.
RFA.No.798/2009 is de-linked from RFA
Nos.806/2009 and 756/2009.
List these matters as last and final chance on
22.02.2024."
3. Despite showing the name of the appellants,
none appears for the appellants today.
4. Therefore, these appeals stand dismissed for
non prosecution.
5. In view of dismissal of the above appeals, all
pending I.A.'s in both the appeals stand disposed of.
Sd/-
JUDGE
