Karnataka High Court
Sri C Puttaiah vs Sri B Shankar Yadav @ B Shankar on 24 July, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2024:KHC:29159
RFA No. 380 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
REGULAR FIRST APPEAL NO. 380 OF 2016 (DEC/INJ)
BETWEEN:
SRI C PUTTAIAH
SINCE DECEASED BY LRS
SMT. PUTTAMMA,
W/O LATE PUTTAIAH,
AGED ABOUT 65 YEARS,
DIED ON 28.01.2016
LR'S OF SMT. PUTTAMMA
ALREADY ON RECORD
1. SRI P RAMACHANDRA
S/O LATE PUTTAIAH,
AGED ABOUT 49 YEARS,
R/AT NO. 22,
LAKSHMINARASIMHASWAMY NILAYA,
Digitally signed by ANNAPOORNESHWARINAGAR,
SUMITHRA R
Location: HIGH COURT BANGALORE -560 091.
OF KARNATAKA
2. SRI P RAVIKUMAR
S/O LATE PUTTAIAH,
AGED ABOUT 40 YEARS,
3. SRI P BETTASWAMY
S/O LATE PUTTAIAH,
AGED ABOUT 33 YEARS,
SL. NOs.1 TO 3 ARE
R/AT KAMKSHIPALYA
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RFA No. 380 of 2016
NEAR AMBABHAVANI TEMPLE,
1ST MAIN, MAGADI ROAD,
BANGALORE -560 079.
4. SMT. KAMALAMMA
W/O NANJAPPA,
AGED ABOUT 46 YEARS,
5. SMT. YESHODAMMA
W/O SHIVALINGAIAH,
AGED ABOUT 46 YEARS,
6. SMT. LAKSHMIDEVI
W/O JAGADISH,
AGED ABOUT 48 YEARS,
7. SMT. NAGARATHNA
D/O LATE PUTTAIAH,
AGED ABOUT 33 YEARS,
4 TO 7 ARE R/AT
VRUSHABHAVATHI NAGAR,
5TH MAIN, NEAR MUNESHWARA TEMPLE,
KAMAKSHIPALYA, BANGALORE - 560 079.
SRI K C CHANNANARASIMHAIAH
AGED ABOUT 60 YEARS,
SINCE DEAD BY HIS LRS,
8. SMT. THIMMAKKA,
W/O LATE K.C.CHANNANARASIMHAIAH,
AGED ABOUT 53 YEARS,
9. SRI C NAGARAJU
S/O LATE K.C.CHANNANARASIMHAIAH,
AGED ABOUT 31 YEARS,
10. SRI C BASAVARAJU
S/O LATE K.C.CHANNANARASIMHAIAH,
AGED ABOUT 38 YEARS,
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RFA No. 380 of 2016
11. SMT. NARASAMMA
D/O LATE K.C.CHANNANARASIMHAIAH,
W/O HANUMANTHEGOWDA,
AGED ABOUT 28 YEARS,
ALL ARE R/AT NO. 34/4,
1ST MAIN ROAD,
NEAR AMBHMAHESHWARI TEMPLE,
KAMAKSHIPALYA,
BANGALORE - 560 079.
12. SRI K C RAMAIAH
AGED ABOUT 58 YEARS,
S/O LATE CHENNIGAPPA,
R/AT KAMAKSHIPALYA,
NEAR AMBHABHAVANI TEMPLE,
1ST MAIN, MAGADI MAIN ROAD,
BANGALORE - 560 079.
...APPELLANTS
(BY SRI. NAGAIAH & VINAY G., ADVOCATE(ABSENT)
AND:
1. SRI B SHANKAR YADAV @
B SHANKAR
MAJOR IN AGE,
R/AT NO. 33,
BESIDE SHANIMAHATUMA TEMPLE,
BASAVESWARANAGAR,
BANGALORE - 560 079.
2. SRI A NATARAJAN
S/O APPU ASARI,
MAJOR IN AGE,
R/AT MARUTHI NILAYA,
MATHIKERE
BANGALORE - 560 054.
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NC: 2024:KHC:29159
RFA No. 380 of 2016
3. M/S MALLESHWARAM TAILORING
CO-OPERATIVE SOCIETY
NO.20, 2ND MAIN, KODANDARAMAPURA,
BANGALORE - 560 003
(REPRESENTED BY ITS SECRETARY)
...RESPONDENTS
(BY SRI. M.K.VENKATRAMANA, ADVOCATE FOR R1;
V/O. DATED 16.10.2019 APPEAL AGAINST R2 AND R3 STANDS
DISMISSED)
THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 19.12.2015 PASSED IN
OS.NO.8397/2002 ON THE FILE OF THE XIV ADDL. CITY CIVIL
JUDGE BENGALURU, DISMISSING THE SUIT FOR
DECLARATION, POSSESSION AND PERMANENT INJUNCTION.
THIS RFA IS COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR)
1. Learned counsel for the respondents submits that the
appellant is adopting one or the other technical reasons just to
protract the matter without arguing the appeal and therefore,
the respondents are pressing the matter for taking up for
arguments.
2. Perused the order sheet. On earlier four occasions, time
is sought by the learned counsel for the appellants for
arguments and today, there is no representation on behalf of
NC: 2024:KHC:29159
the appellants. The appeal is of the year 2016 and the matter
is pending for the last eight years. Hence, without alternative
way, the appeal is dismissed for default as per Order 41 Rule
17 of CPC.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
TL
