K Narasinga Rao vs K Raja Rao
2024 Latest Caselaw 1502 Kant

Karnataka High Court

K Narasinga Rao vs K Raja Rao on 17 January, 2024

                                                  -1-
                                                             NC: 2024:KHC:2294
                                                           RFA No. 346 of 2009




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 17TH DAY OF JANUARY, 2024

                                               BEFORE
                                 THE HON'BLE MR JUSTICE C M JOSHI
                            REGULAR FIRST APPEAL NO. 346 OF 2009 (PAR)

                      BETWEEN:

                      K NARASINGA RAO,
                      S/O LATE GOVINDA RAO CHAVAN
                      @ KRISHNOJI RAO,
                      AGED ABOUT 40 YEARS,
                      R/A NO.35, ANJANEYA TEMPLE ROAD,
                      BENSON TOWN, BANGALROE-560 046.
                                                                  ...APPELLANT
                      (BY SRI M ERAPPA REDDY & SRI G NARASI REDDY,
                          ADVOCATES)

                      AND:

                      1.    K RAJA RAO,
Digitally signed by         S/O LATE SRI KRISHNOJI RAO,
VIJAYALAKSHMI
BN                          AGED ABOUT 35 YEARS,
Location: High              NO.45/1, SRI RAMA GEETA MANDIR ROAD,
Court of                    POMMEGOWDA STREET, M.R.PALYA,
Karnataka
                            J.C.NAGAR, BANGALORE-560 006.

                      2.    SMT. RATHNA BAI,
                            D/O LATE SRI KRISHNOJI RAO,
                            AGED ABOUT 53 YEARS.

                      3.    SMT. LALITHA BAI,
                            D/O LATE SRI KRISHNOJI RAO,
                            AGED ABOUT 46 YEARS.
                               -2-
                                          NC: 2024:KHC:2294
                                      RFA No. 346 of 2009




4.   SRI BALU RAO,
     S/O LATE SRI KRISHNOJI RAO,
     AGED ABOUT 39 YEARS.

     R2 TO R4 ARE R/AT:
     NO. 45/1, SRI RAMA GEETA MANDIR ROAD,
     POMMEGOWDA STREET, M.R PALYA,
     J.C NAGAR, BANGALORE- 560 006.

5.   SMT. KASTURI BAI,
     D/O LATE SRI KRISHNOJI RAO,
     AGED ABOUT 51 YEARS.

6.   SMT. KALA BAI,
     D/O LATE SRI KRISHNOJI RAO,
     AGED ABOUT 33 YEARS.

     R5 TO R6 R/AT:
     C/O SRI B K CHIKKANNA,
     NO.15/4, BYADARAHALLI,
     VISHWANEEDAM POST,
     BANGALORE-560 091.
                                           ...RESPONDENTS
(BY SRI L MALLESH, ADVOCATE FOR R1 TO R4 & R6;
    APPEAL AGAINST R5 IS DISMISSED AS ABATED V/O
    DATED 24/02/2016)

       THIS RFA IS FILED U/O 41, R-5, R/W SECTION 96 OF
CPC,    AGAINST   THE   JUDGMENT    AND    DECREE    DATED
18.11.2008 PASSED IN OS.NO.7326/2006 ON THE FILE OF THE
XXII ADDL. CITY CIVIL JUDGE, BANGALORE, DECREEING THE
SUIT FOR PARTITION AND SEPARATE POSSESSION.

       THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
                              -3-
                                          NC: 2024:KHC:2294
                                        RFA No. 346 of 2009




                         JUDGMENT

Learned counsel appearing for the appellant files a

memo that he having issued notice to appellants, it was

returned with an endorsement that 'there is no such

person in the given address'. It is also submitted that he

has made all his efforts to contact the appellant, but in

vain.

2. On perusal of the records, it appears that the

appellant is not interested in prosecuting the case. The

appeal is of the year 2009. Hence, the appeal is dismissed

for non-prosecution.

Sd/-

JUDGE

tsn*