C P Anupama vs Sri M Shivakumar
2024 Latest Caselaw 5797 Kant

Karnataka High Court

C P Anupama vs Sri M Shivakumar on 26 February, 2024

                                         -1-
                                                       NC: 2024:KHC:7880
                                                  RFA No. 100 of 2011




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 26TH DAY OF FEBRUARY, 2024

                                      BEFORE
                   THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                    REGULAR FIRST APPEAL NO. 100 OF 2011 (PAR)
              BETWEEN:

              1.    C P ANUPAMA
                    D/O C T PARTHASARATHYHINDU, AGED ABOUT 37
                    YEARSR/AT # 10, ANJANEYA TEMPLE II
                    STREETSESHADRIPURAMBANGALORE-560020
              2.    C P ROOPA
                    D/O C T PARTHASARATHYHINDU, AGED ABOUT 33
                    YEARSR/AT # 10, ANJANEYA TEMPLE II
                    STREETSESHADRIPURAMBANGALORE-560020
              3.    C P NAGESH
                    S/O C T PARTHASARATHYHINDU, AGED ABOUT 24
                    YEARSR/AT # 10, ANJANEYA TEMPLE II
                    STREETSESHADRIPURAMBANGALORE-560020
                                                       ...APPELLANTS
Digitally
signed by     (BY SRI. PARINEETA S CHANAL.,ADVOCATE)
PRAMILA G V
Location:     AND:
HIGH COURT
OF            1.    SRI M SHIVAKUMAR
KARNATAKA
                    S/O MUNISWAMYHINDU, AGED ABOUT 56
                    YEARSR/AT # 60, KANAKANPALYA ROADOPPOSITE
                    TRINITY HOSPITALBASAVANAGUDI, R V
                    ROADBANGALORE
              2.    SMT. JAYAMMA
                    W/O MUNISWAMYR/AT # 60, KANAKANPALYA
                    ROADOPPOSITE TRINITY HOSPITALBASAVANAGUDIR
                    V ROAD, BANGALOREREPORTED TO BE DEAD
                                                      ...RESPONDENTS
                              -2-
                                            NC: 2024:KHC:7880
                                         RFA No. 100 of 2011




(BY SRI. VIGNESHWARA U.,ADVOCATE)

     THIS RFA IS FILED UNDER SEC.96 OF CPC, AGAINST THE
JUDGMENT AND DECREE DATED 01.10.2010 PASSED IN
O.S.27/2007 ON THE FILE OF THE XXVIII-ADDL. CITY CIVIL
JUDGE, BANGALORE, DISMISSING THE SUIT FOR THE
PARTITION AND SEPARATE POSSESSION.

     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
                         JUDGMENT

Learned counsel for the respondents has filed a memo

reporting a death of respondents. It is further submitted that

the respondents have died in the year 2017 and 2019

respectively.

2. Respondents No.2 and 1 have died in the year 2017

and 2019 respectively.

3. Memo is taken on record.

4. Since steps are not taken to substitute the legal

representatives within three months from the date of death of

respondents. Accordingly, the appeal is dismissed as abated.

Sd/-

JUDGE

PHM