G E Lakshamana vs Eraiah
2024 Latest Caselaw 12522 Kant

Karnataka High Court

G E Lakshamana vs Eraiah on 5 June, 2024

Author: Krishna S Dixit

Bench: Krishna S Dixit

                                               -1-
                                                          NC: 2024:KHC:19291-DB
                                                          RFA No. 1916 of 2012




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 5TH 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. 1916 OF 2012 (PAR)
                   BETWEEN:

                   G.E. LAKSHAMANA,
                   AGED ABOUT 47 YEARS,
                   S/O LATE ERAIAH,
                   R/A SHANKARAPUR, 5TH CROSS,
                   CHIKMAGALORE CITY - 577 101

                                                               ...APPELLANT

                   (BY SRI.B.K.MANJUNATH., ADVOCATE)

                   AND:

Digitally signed   1.     ERAIAH,
by SHARADA                AGED 85 YEARS,
VANI B
                          S/O LATE HIRIGAIAH,
Location: HIGH            (DEAD, HIS LEGAL HEIRS ARE
COURT OF
KARNATAKA                 ALREADY ON RECORD)

                   2.     G.E. RUDRAIAH,
                          AGED 62 YEARS,
                          S/O LATE ERAIAH,
                          R/A GATTADAHALLI VILLAGE,
                          HALEBEEDU HOBLI, BELUR TALUK,
                          HASSAN DSTRICT - 573 201.

                   3.     G.E. SHIVAPPA @ SHIVANNA,
                          AGED ABOUT 52 YEARS,
                          S/O LATE ERAIAH,
                             -2-
                                   NC: 2024:KHC:19291-DB
                                   RFA No. 1916 of 2012




     R/AT SREE VEERABHADRESHWARA HARDWARE,
     USHA COMPLEX, NEKAR STREET,
     OPP. SUB JAIL, I.G. ROAD,
     CHIKMAGALUR CITY - 577 101.

4.   G.E. SEETHAMMA,
     AGED 60 YEARS,
     W/O LATE DASRAJU,
     R/A PANDURANGA TEMPLE ROAD,
     SRI VENKATESHWARA NILAYA,
     CHIKMAGALUR CITY - 577 101.

5.   KAMALAMMA,
     AGED ABOUT 57 YEARS,
     W/O PUTTASWAMY,
     R/AT VISHWAPREMA NILAYA,
     DARJI STREET,
     CHIKMAGALUR CITY - 577 101.

6.   R.K. YASHODHA,
     AGED ABOUT 47 YEARS,
     W/O G.E. SHIVAPPA,
     R/AT SREE VEERABHADRESHWARA HARDWARE,
     USHA COMPLEX, NEKAR STREET,
     OPP. SUB JAIL, I.G. ROAD,
     CHIKMAGALUR CITY - 577 101.

7.   VENUGOPAL,
     AGED ABOUT 57 YEARS,
     S/O VENKATASUBAIAH,
     R/A ESWARA SAW MILL,
     ADHISHAKTHINAGAR,
     CHIKMAGALUR CITY - 577 101.

8.   M.E. YOGESHGOWDA,
     AGED ABOUT 47 YEARS,
     S/O EREGOWDA,
     R/A WIRELESS DEPARTMENT,
     S.P. OFFICE, HAVERI.

9.   RAYAPPA,
     AGED ABOUT 62 YEARS,
                             -3-
                                     NC: 2024:KHC:19291-DB
                                      RFA No. 1916 of 2012




    S/O KRISHNAPPAGOWDA,
    R/A GAVNAHALLY VILLAGE,
    RAMPURA POST,
    CHIKMAGALUR TALUK - 577 101.

10. K.N. RANGAPPA,
    AGED ABOUT 62 YEARS,
    S/O LATE NANJAPPASHETTY,
    R/A SHEETAL WINES,
    MARKET ROAD,
    CHIKMAGALUR - 577 101.
                                            ...RESPONDENTS
( R1 - DECEASED;
  BY SRI.N. SHANKARNARAYANA BHAT,
  ADVOCATE FOR R-3 & R-6;
  R-2, R-4, R-5, R-7, R-9, R-10 ARE SERVED AND
   UNREPRESENTED)

     THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST

THE JUDGMENT AND DECREE DATED 05.10.2012 PASSED ON

O.S.176/2005 ON THE FILE OF THE ADDL. SENIOR CIVIL

JUDGE, CHIKMAGALUR, PARTLY DECREEING THE SUIT FOR

PARTITION AND SEPARATE POSSESSION.


     THIS APPEAL, COMING ON FOR ADMISSION THIS DAY,

KRISHNA S DIXIT.J., DELIVERED THE FOLLOWING:



                        JUDGMENT

This appeal abates by operation of law, the 2nd

respondent having died a year ago and his L.Rs having not

NC: 2024:KHC:19291-DB

been brought on record within the time limit prescribed by

law.

Accordingly, appeal is disposed off.

Sd/-

JUDGE

Sd/-

JUDGE

CBC