Karnataka High Court
Sri D Ananatharamaiah vs Smt. Nagalakshmi on 3 July, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:25143
RSA No. 117 of 2010
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR SECOND APPEAL NO.117 OF 2010 (DEC)
BETWEEN:
1. D.ANANATHARAMAIAH
SINCE DECEASED BY HIS LRS.
1(A). A. RATHNAMBA,
W/O M.K.SHIVARAM,
AGED ABOUT 66 YEARS,
R/AT NO.563, 10TH CROSS,
M.C.E.C.H LAYOUT,
DR.SHIVARAM KARANTHNAGARA,
BENGALURU-560 077.
1(B). JAGADAMBA,
W/O R.RAMESHAN,
Digitally AGED ABOUT 64 YEARS,
signed by R/AT CH-73/1, 5TH MAIN, 2ND CROSS,
YAMUNA K L
SARASWATHIPURAM,
Location:
High Court of MYSURU.
Karnataka
1(C). SUGUNA SINCE DEAD BY HER LRS,
1(C)(1) SHANKARNARAYANA,
S/O SRINIVASA MURTHY.
1(C)(2) SMT. M.S.SMITHA,
D/O SHANKARANARAYANA,
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NC: 2024:KHC:25143
RSA No. 117 of 2010
BOTH ARE RESIDING AT
#1714, 3RD CROSS,
CHRISTIAN COLONY,
MANDYA-571 401
1(D). A. NIRMALA KUMARI,
W/O ANANDA KUMAR,
AGED ABOUT 57 YEARS,
R/AT: OPP: POST OFFICE,
THIRUKANAMBI, GUNDLUPET TALUK,
CHAMARAJANAGAR DISTRICT.
1(E). R. MEENAKSHI,
W/O A. NAGASHAYANA RAO,
AGED ABOUT 56 YEARS.
1(F). KARTHIK N
S/O NAGASHAYANA RAO,
AGED ABOUT 30 YEARS.
1(G). KAUSHIK N.,
S/O NAGASHAYANSA RAO,
AGED ABOUT 27 YEARS.
APPELLANTS NO.5 TO 7 ARE ALL
R/AT NO,92, D.V.C. LAYOUT, 2N4 MAIN,
RAMAKRISHNANAGARA,
E BLOCK, MYSURU.
2. SMT. SHAKUNTALAMMA
D/O SRI DEVAPPA, W/O SRI M.S.RAMACHANDRA
RAO, RETD. VILLAGE ACCOUNTANT KALAL,
NANJUNGUD TALUK - 571 301.
...APPELLANTS
(V/O DTD 17.07.2023 COURT NOTICE ISSUED IN R/O
A1(A) - A. RATHNAMBA;
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NC: 2024:KHC:25143
RSA No. 117 of 2010
A1(B) - JAGADAMBA;
A1(C)(1) - SHANKARANARAYANA;
A1(C)(2) - M.S. SMITHA;
A1(D) - A. NIRMALA KUMARI;
A1(E) - R. MEENAKSHI;
A1(F) - KARTHIK N;
A1(G) - KAUSHIK N;
A2 SHAKUNTHALAMMA (ABSENT))
AND:
1. SMT. NAGALAKSHMI,
W/O H.B. NAGARAJA MURTHY
2. H.B. NAGARAJA MURTHY,
S/O HARDANAHALLI BHIMA RAO
BOTH ARE RESIDING AT
OLD BUS STAND ROAD,
CHAMARAJNAGAR TOWN
...RESPONDENTS
(BY SRI. S.C. VIJAYAKUMAR, ADVOCATE FOR R1 AND R2)
THIS RSA IS FILED U/S 100 OF CPC, AGAINST THE
JUDGEMENT & DECREE DATED: 26.10.2009 PASSED IN
R.A.NO.31/2004 ON THE FILE THE PRESIDING OFFICER, FAST
TRACK COURT & ADDL. DISTRICT & SESSIONS JUDGE,
KOLLEGAL SITTING AT CHAMARAJANAGAR, DISMISSING THE
APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE
DATED: 28.6.1999 PASSED IN O.S.NO.183/1990 ON THE FILE
OF THE ADDL. CIVIL JUDGE (JR.DN) & JMFC.,
CHAMARAJANAGAR AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC:25143
RSA No. 117 of 2010
JUDGMENT
After the death of counsel for the appellants, this Court
issued court notice to the appellants.
2. Among them, one of the legal representatives of the
deceased-appellant by name Smt. A.Nirmala Kumari is served
and unrepresented.
3. Insofar as appellant Nos.1(c)(1) and 1(c)(2) service
is held sufficient. They did not choose to appear before Court
and engage an Advocate.
4. Under such circumstances, left with no alternative
option, appeal is dismissed for non-prosecution.
Sd/-
JUDGE
SMJ
