Sri Srinivasa vs Sri S. Venkatesh
2024 Latest Caselaw 12375 Kant

Karnataka High Court

Sri Srinivasa vs Sri S. Venkatesh on 4 June, 2024

Author: Krishna S Dixit

Bench: Krishna S Dixit

                                               -1-
                                                        NC: 2024:KHC:18914-DB
                                                            RFA No. 1723 of 2013



                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 4TH DAY OF JUNE, 2024

                                            PRESENT

                           THE HON'BLE MR JUSTICE KRISHNA S DIXIT

                                               AND

                        THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR

                         REGULAR FIRST APPEAL NO. 1723 OF 2013 (PAR)

                   BETWEEN:

                   1.    SRI. SRINIVASA,
                         S/O LATE V.SANJEEVAIAH,
                         AGED ABOUT 55 YEARS,
                         RESIDING AT NO.2, 1ST MAIN ROAD,
                         J.C.NAGARA, BANGALORE-86.

                   2.    SRI.S.GOVINDARAJ,
                         S/O LATE V.SANJEEVAIAH,
                         AGED ABOUT 52 YEARS,
                         RESIDING AT NO.5, KEB QUARTERS,
                         TAVAREKERE, MAGADI ROAD,
                         BANGALORE.
Digitally signed
by CHETAN B
C                  3.    SMT.GANGAMMA,
Location: HIGH           W/O VENKATARAMANAPPA,
COURT OF                 AGED ABOUT 48 YEARS,
KARNATAKA
                         RESIDING AT NO.33,
                         15TH MAIN ROAD,
                         J.C.NAGARA, BANGALORE-86.

                   4.    SMT.S.ANUSUYA,
                         W/O V.NAGARAJU,
                         AGED ABOUT 46 YEARS,
                         RESIDING AT NO.6, 8TH CROSS,
                         J.C.NAGAR, M.L.PURAM,
                         BANGALORE-86.
                               -2-
                                          NC: 2024:KHC:18914-DB
                                          RFA No. 1723 of 2013



5.   SMT.S.SHARADA, W/O HEMANNA,
     AGED ABOUT 45 YEARS,
     RESIDING AT NO.68, 20TH MAIN,
     J.C.NAGAR PIPE LINE,
     BANGALORE-86.

6.   SMT.S.SUSHEELA,
     W/O SRI. RAMASWAMY,
     AGED ABOUT 37 YEARS,
     RESIDING AT NO.89, GUTTAPALYA,
     LALBAGH, SIDDAPURA,
     JAYANAGAR 1ST BLOCK,
     BANGALORE-1.
                                                  ...APPELLANTS
(BY SRI. T RAJARAM .,ADVOCATE)

AND:

SRI. S. VENKATESH,
S/O LATE V. SANJEEVAIAH,
AGED ABOUT 52 YEARS,
RESIDING AT NO.15/2,
3RD CROSS, 3RD MAIN,
PRAKASH NAGAR,
BANGALORE-21.
                                                 ...RESPONDENT

(BY SRI. CHETHAN.,ADVOCATE)

       THIS RFA FILED UNDER SEC.96 OF CPC., AGAINST THE
JUDGMENT      AND    DECREE   DATED   26.2.2013    PASSED    IN
O.S.NO.3002/2007 ON THE FILE OF THE XXII ADDL. CITY
CIVIL & SESSIONS JUDGE, BANGALORE, DISMISSING THE
SUIT    FOR    PARTITION,     SEPARATE      POSSESSION      AND
DECLARATION.


       THIS   RFA,   COMING   ON    FOR   ORDERS    THIS   DAY,
KRISHNA S DIXIT.J., DELIVERED THE FOLLOWING:
                             -3-
                                     NC: 2024:KHC:18914-DB
                                     RFA No. 1723 of 2013




                         JUDGMENT

The sole respondent having died on 9.10.2019 and

no steps having been taken for bringing his L.Rs on record

despite report of death dated 16.12.2019, the appeal

stands abated by operation of law and accordingly, it is

disposed off.

Sd/-

JUDGE

Sd/-

JUDGE

cbc