Karnataka High Court
Smt. Dhanalakshmi vs B S Lalitha on 5 January, 2024
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
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NC: 2024:KHC:746-DB
RFA No. 601 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JANUARY, 2024
PRESENT
THE HON'BLE MR JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
REGULAR FIRST APPEAL NO. 601 OF 2020 (PAR)
BETWEEN:
1. SMT. DHANALAKSHMI
W/O B S KUMAR
AGED ABOUT 52 YEARS
2. SRI. P. RAJESHWARI
AGED ABOUT 57 YEARS
W/O B S HARI PRASAD
3. SRI. B S KARTHIK
S/O B S KUMAR
AGED ABOUT 30 YEARS
4. B.S.VIVEK
S/0 B S KUMAR,
AGED ABOUT 28 YEARS
Digitally signed by 5. NAVEEN KUMAR
MALA K N S/O B S HARI PRASAD
Location: HIGH COURT AGED ABOUT 34 YEARS
OF KARNATAKA
ALL ARE R/AT NO.26/A
SECOND FLOOR, 3 RD CROSS
JUDICIAL OFFICERS LAYOUT
SANJAY NAGAR, RMV - II STAGE
BENGALURU-560 094. ...APPELLANTS
(BY SRI.VARUN PAPIREDDY, ADV. [ABSENT])
AND:
1. SMT. B S LALITHA
D/O LATE M G SATYANARAYANA
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NC: 2024:KHC:746-DB
RFA No. 601 of 2020
W/O SRI K VENKATESH, AGED ABOUT 62 YEARS
R/AT NO.324, RENUKADEVI NILAYA, 1ST MAIN
B NARAYANAPURA, WHITEFIELD ROAD
DOORAVANI NAGAR POST, BENGALURU-560 016
2. SMT. B.S. USHA
D/O LATE M G SATYANARAYANA
W/O SRI E.VENKATESH
AGED ABOUT 58 YEARS
R/AT NO.2152/1, D BLOCK
SAHAKARA NAGAR
BENGALURU-560 092
3. SMT. B S VANDANA
D/O LATE M G SATYANARAYANA
W/O N MANJUNATH
AGED ABOUT 53 YEARS
R/A NO.495, 5TH CROSS
M.S.RAMAIAH NAGAR,
BENGALURU-560 054
4. SMT. B S GAYATHRI
D/O LATE M G SATYANARAYANA
AGED ABOUT 60 YEARS
R/AT NO.26/A, 3RD CROSS
JUDICIAL OFFICERS LAYOUT
SANJAY NAGAR, RMV - II STAGE
BENGALURU-560 094
5. SRI. B S KUMAR
DEAD BY LRS.
AS LRS COME ON RECORD
AS APPELLANT NOS.1,3 AND 4
6. SRI. B S HARIPRASAD
S/O LATE M G SATYANARAYANA
AGED ABOUT 78 YEARS
R/AT NO.26/A, 3RD CROSS
JUDICIAL OFFICERS LAYOUT
SANJAY NAGAR, RMV - II STAGE
BENGALURU-560 094
7. GNANAJYOTHI TRUST
A REGISTERED TRUST FORMED
UNDER TRUST DEED OF ITS
TRUSTEES BY CHAIRMAN OF BOARD
-3-
NC: 2024:KHC:746-DB
RFA No. 601 of 2020
OF TRUSTEES, AT NO.26/A, 3RD CROSS
JUDICIAL OFFICERS LAYOUT, SANJAY
NAGAR, RMV - II STAGE
BENGALURU-560 094 ...RESPONDENTS
(BY SRI.N.JAYAVELU, ADV. FOR R2 & R3 & ALSO
FOR LRS. OF R1[A-E];
VIDE ORDER DATED 12.10.2023 SERVICE OF
NOTICE TO R4 IS HELD SUFFICIENT;
VIDE ORDER DATED 24.05.2023 APPELLANT NOS
1, 3 & 4 ARE TREATED AS LRS OF DECEASED R5;
R6 SERVED;
SRI. RAMESH P. KULKARNI, ADV. FOR R7)
THIS RFA IS FILED UNDER SECTION 96 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 27.09.2019
PASSED IN OS.No.2227/2009 ON THE FILE OF THE XLIII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU,
PARTLY DECREEING THE SUIT FOR PARTITION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING:
JUDGMENT
Shri N. Jayavelu, learned Advocate for
respondents No.1 (a to e), 2 and 3 and
Shri Ramesh. P. Kulkarni, learned Advocate for
respondent No.7 submit that the suit is one for
partition. Appellants/defendants have set up a Will,
but the original Will has not been produced before
the Trial Court.
NC: 2024:KHC:746-DB
2. None appears for the appellants. Learned
Advocate for the appellants has neither amended the
cause-title nor paid cost of Rs.2,000/-.
3. In the circumstance, the appeal is
dismissed for non-prosecution.
4. In view of dismissal of the appeal, pending
interlocutory applications, if any, do not survive for
consideration and they stand disposed of.
No costs.
Sd/-
JUDGE
Sd/-
JUDGE
PA
CT:HS
