Karnataka High Court
D S Aravind vs Smt D S Umadevi on 2 January, 2024
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2024:KHC:86
RFA No. 1368 of 2017
C/W MFA No. 5734 of 2017
RFA No. 1369 of 2017
RFA No. 1370 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
REGULAR FIRST APPEAL NO. 1368 OF 2017(RES)
C/W
MISCELLANEOUS FIRST APPEAL NO. 5734 OF 2017(CPC)
REGULAR FIRST APPEAL NO. 1369 OF 2017(DEC/INJ)
REGULAR FIRST APPEAL NO. 1370 OF 2017(DEC/INJ)
IN RFA 1368/2017
BETWEEN:
D S ARAVIND
S/O LATE D.V.SHANKAR NARAYAN RAO
AGED ABOUT 66 YEARS
R/AT NO.440/28, 1ST FLOOR
13TH MAIN, M.C.LAYOUT
Digitally signed VIJAYANAGAR, BENGALURU-560 040.
by ...APPELLANT
DHANALAKSHMI
MURTHY
Location: High ( SRI. D S ARAVIND, APPELLANT [ABSENT])
Court of
Karnataka
AND:
1. SMT D S UMADEVI
W/O LATE D.V.SHANKAR NARAYAN RAO
AGED ABOUT 87 YEARS
R/AT NO.440/28(GROUND FLOOR)
13TH MAIN, MC LAYOUT
VIJAYANAGAR, BENGALURU-560 040.
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NC: 2024:KHC:86
RFA No. 1368 of 2017
C/W MFA No. 5734 of 2017
RFA No. 1369 of 2017
RFA No. 1370 of 2017
2. D S RAM MOHAN
S/O LATE D.V.S. RAO
AGED ABOUT 64 YEARS
R/AT NO.440/28, 13TH MAIN
MC LAYOUT, VIJAYANAGAR, BENGALURU-560 040.
3. SMT.RADHIKA R SHENOY
W/O D.S. RAM MOHAN
AGED ABOUT 64 YEARS
R/AT NO.440/28 MAIN HOUSE
13TH MAIN, MC LAYOUT
VIJAYANAGAR, BENGALURU-560 040.
...RESPONDENTS
(BY SRI. SHRIDHAR PRABHU., ADVOCATE FOR C/R2)
THIS RFA IS FILED UNDER SECTION 96 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED: 1.4.2017
PASSED IN OS NO.2993/2005 ON THE FILE OF THE XXIV
ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE,
PARTLY DECREEING THE SUIT FOR DECLARATION AND
INJUNCTION.
IN MFA 5734/2017
BETWEEN:
D S ARAVIND
S/O LATE D.V.S.N RAO
AGED ABOUT 66 YEARS
R/AT NO.440/28 & 28/1
OUTHOUSE, (GROUND FLOOR)
1ST FLOOR, 13TH MAIN, M.R.C.R LAYOUT
VIJAYANAGAR, BENGALURU-560 040.
...APPELLANT
( SRI. D S ARAVIND, APPELLANT [ABSENT])
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NC: 2024:KHC:86
RFA No. 1368 of 2017
C/W MFA No. 5734 of 2017
RFA No. 1369 of 2017
RFA No. 1370 of 2017
AND:
1. SMT D S UMADEVI
W/O LATE D.V.S RAO
AGED ABOUT 87 YEARS
R/AT NO.440/28 MAIN HOUSE (GROUND FLOOR)
13TH MAIN, MRCR LAYOUT
VIJAYANAGAR, BENGALURU-560 040.
2. D S RAM MOHAN
S/O LATE D.V.S. RAO
AGED ABOUT 64 YEARS
R/AT NO.440/28, MAIN HOUSE (GROUND FLOOR)
13TH MAIN, MRCR LAYOUT, VIJAYANAGAR
BENGALURU-560 040.
3. SMT.RADHIKA R SHENOY
W/O D.S. RAM MOHAN
R/AT NO.440/28 MAIN HOUSE (GROUND FLOOR)
13TH MAIN, MRCR LAYOUT
VIJAYANAGAR, BENGALURU-560 040.
...RESPONDENTS
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF
CPC., AGAINST THE ORDER DATED: 1.4.2017 PASSED IN
OS NO.134/2012 ON THE FILE OF THE XXIV ADDL. CITY
CIVIL AND SESSIONS JUDGE, BANGALORE CITY(CCH-6),
DISMISSING THE PETITION FILED UNDER ORDER 39 RULE
2-A.
IN RFA 1369/2017
BETWEEN:
D S ARAVIND
S/O LATE D.V.SHANKAR NARAYAN RAO
AGED ABOUT 66 YEARS
R/AT NO.440/28, 1ST FLOOR
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NC: 2024:KHC:86
RFA No. 1368 of 2017
C/W MFA No. 5734 of 2017
RFA No. 1369 of 2017
RFA No. 1370 of 2017
13TH MAIN, M.C.LAYOUT
VIJAYANAGAR, BENGALURU-560 040.
...APPELLANT
( SRI. D S ARAVIND, APPELLANT [ABSENT])
AND:
1. SMT D S UMADEVI
W/O LATE D.V.SHANKAR NARAYAN RAO
AGED ABOUT 87 YEARS
R/AT NO.440/28(GROUND FLOOR)
13TH MAIN, MC LAYOUT
VIJAYANAGAR, BENGALURU-560 040.
2. D S RAM MOHAN
S/O LATE D.V.S.N RAO
AGED ABOUT 64 YEARS
R/AT NO.440/28, 13TH MAIN
MC LAYOUT, VIJAYANAGAR
BENGALURU-560 040.
3. SMT.RADHIKA R SHENOY
W/O D.S. RAM MOHAN
AGED ABOUT 64 YEARS
R/AT NO.440/28 MAIN HOUSE
13TH MAIN, MC LAYOUT
VIJAYANAGAR, BENGALURU-560 040.
...RESPONDENTS
(BY SRI. SHRIDHAR PRABHU., ADVOCATE FOR C/R2)
THIS RFA IS FILED UNDER SECTION 96 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED: 1.4.2017
PASSED IN OS NO.2398/1998 ON THE FILE OF THE XXIV
ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE
CITY, PARTLY DECREEING THE SUIT FOR DECLARATION
AND INJUNCTION.
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NC: 2024:KHC:86
RFA No. 1368 of 2017
C/W MFA No. 5734 of 2017
RFA No. 1369 of 2017
RFA No. 1370 of 2017
IN RFA 1370/2017
BETWEEN:
D S ARAVIND
S/O LATE D.V.S RAO
AGED ABOUT 66 YEARS
R/AT NO.440/28 & 28/1
OUT HOUSE (GROUND FLOOR)
1ST FLOOR, 13TH MAIN, M.R.C.R.LAYOUT
VIJAYANAGAR, BENGALURU-560 040.
...APPELLANT
( SRI. D S ARAVIND, APPELLANT [ABSENT])
AND:
1. SMT. ARCHANA R. SHENOY
@ D.S. SUSHMA
W/O K RAMESH SHENOY
AGED ABOUT 60 YEARS
NO.57, 3RD MAIN, 4TH CROSS
ARIKERI, MICO LAYOUT
BANNERGHATTA ROAD
BENGALURU-560 096.
2. SMT D S UMADEVI
W/O LATE D.V.S RAO
AGED ABOUT 87 YEARS
R/AT NO.440/208 MAIN HOUSE
(GROUND FLOOR)
13TH MAIN, MRCR LAYOUT
VIJAYANAGAR, BENGALURU-560 040.
3. DS RAM MOHAN
S/O LATE D.V.S.RAO
AGED ABOUT 64 YEARS
R/AT NO.440/208, MAIN HOUSE
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NC: 2024:KHC:86
RFA No. 1368 of 2017
C/W MFA No. 5734 of 2017
RFA No. 1369 of 2017
RFA No. 1370 of 2017
(GROUND FLOOR) 13TH MAIN
MRCR LAYOUT, VIJAYANAGAR
BENGALURU-560 040.
4. SMT.RADHIKA R SHENOY
W/O D.S. RAM MOHAN
AGED ABOUT 64 YEARS
R/AT NO.440/208 MAIN HOUSE
(GROUND FLOOR), 13TH MAIN
MRCR LAYOUT, VIJAYANAGAR
BENGALURU-560 040.
...RESPONDENTS
(BY SRI. SHRIDHAR PRABHU., ADVOCATE FOR C/R3)
THIS RFA IS FILED UNDER SECTION 96 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED: 1.4.2017
PASSED IN OS NO.472/1993 ON THE FILE OF THE XXIV
ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE
CITY, DISMISSING THE SUIT FOR DECLARATION AND
PERMANENT INJUNCTION.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This Court, by order dated 11.10.2022 permitted the
counsel for the appellant to retire from the case and
registry was directed to show the name of the appelant in
the cause-list and two weeks time was granted to enable
the appellant either to appear as party-in-person or to
make any other arrangements and directed the office to
NC: 2024:KHC:86
post the matter on 27.10.2022. Thereafter, on 27.10.2022
when the matter was called, none appeared for the
appellant. Even today, when the matter was called in the
morning session as well as in the afternoon session, either
the appellant appeared as party-in-person or engaged any
counsel to represent his case. Learned counsel for the
respondents is present.
2. It appears that the appellant is not interested in
prosecuting the appeals.
3. Hence, these appeals are dismissed for non-
prosecution.
Sd/-
JUDGE
CM
