Kum Lakshmi vs Sri Venkata Shetty
2024 Latest Caselaw 12523 Kant

Karnataka High Court

Kum Lakshmi vs Sri Venkata Shetty on 5 June, 2024

Author: Krishna S Dixit

Bench: Krishna S Dixit

                                                -1-
                                                       NC: 2024:KHC:19240-DB
                                                        RFA No. 925 of 2013




                        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. 925 OF 2013 (PAR)
                   BETWEEN:

                   1.    KUM LAKSHMI
                         D/O. VENKATASHETTY,
                         AGED ABOUT 19 YEARS,

                   2.    SRI. DHANARAJU
                         S/O. VENKATA SHETTY,
                         AGED ABOUT 18 YEARS,

                   3.    KUM. MEGHANA
                         LATE MINOR,
                         REPTD. BY NEXT FRIEND AND NATURAL
                         GUARDIAN MOTHER
                         SMT.SAVITHRAMMA
Digitally signed         BUT NOW HAVING ATTAINED MAJORITY
by SHARADA
VANI B
Location:                KUM.MEGHANA
HIGH COURT               D/O. VENKATA SHETTY,
OF                       AGED ABOUT 20 YEARS,
KARNATAKA
                         AMENDMENT CARRIED OUT AS PER THE ORDER
                         PASSED BY THE HON'BLE COURT DATED 15.11.18

                         ALL ARE RESIDING AT NO.108,
                         GOWTHAMANAGARA, CHIKBANASANDRA,
                         GKVK POST,YELAHANKA UPANAGARA,
                         BANGALORE - 560 064
                                                             ...APPELLANTS
                   (BY SRI. K VIJAYKUMAR N C., ADVOCATE)
                           -2-
                                    NC: 2024:KHC:19240-DB
                                     RFA No. 925 of 2013




AND:

1.   SRI VENKATA SHETTY
     S/O LATE RAMASHETTY,
     AGED ABOUT 44 YEARS,
     R/O. HUYILAALU VILLAGE,
     YELWALA HOBLI, MYSORE TALUK,
     MYSORE DISTRICT - 570 001

2.   SRI. MALLU GOWDA
     S/O LATE PATEL JAVAREGOWDA,
     AGED ABOUT 68 YEARS,
     R/O. HUYILAALU VILLAGE,
     YELWALA HOBLI, MYSORE TALUK,
     MYSORE DISTRICT - 570 001

3.   SMT. DODDAMMA
     W/O.MALLU GOWDA,
     AGED ABOUT 64 YEARS,
     R/O. HUYILAALU VILLAGE,
     YELWALA HOBLI, MYSORE TALUK,
     MYSORE DISTRICT - 570 001

4.   SMT. SAKAMMA DECEASED BY HER LRS
     SRI. RAMASHETTY,
     S/O. RAMASHETTY,
     AGED ABOUT 71 YEARS,
     R/O HUYILAALU VILLAGE,
     YELWALA HOBLI, MYSORE TALUK,
     MYSORE DISTRICT - 570 001

                                       ...RESPONDENTS

(BY SRI. M SHIVAMURTHY, ADVOCATE FOR R2
    SRI K.S.HARISH ADVOCATE FOR R3., ADVOCATES
    R-1 AND R-4 ARE SERVED AND UNREPRESENTED)
      THIS RFA IS FILED U/SEC.96 R/W ORDER 41 RULE 1 OF
CPC, AGAINST THE JUDGMENT AND DECREE DATED
22.11.2012 PASSED IN OS NO. 347/2009 ON THE FILE OF THE
III ADDL. SENIOR CIVIL JUDGE, CJM, MYSORE, DISMISSING
THE SUIT FOR PARTITION AND ETC.
                              -3-
                                      NC: 2024:KHC:19240-DB
                                        RFA No. 925 of 2013




    THIS APPEAL, COMING ON FOR ORDERS THIS DAY,
KRISHNA S DIXIT.J., DELIVERED THE FOLLOWING:

                        JUDGMENT

In an undated Memo filed by the learned counsel

appearing for the 2nd Respondent on 31.08.2021, death of

2nd Respondent is reported. To facilitate the steps being

taken to bring his LRs on record, the second Respondent

ias a necessary & proper party and the cause on which

appeal is founded is indivisible challenge being laid to the

entire Judgment and Preliminary Decree dated

22.11.2012.

In the above circumstances, this Appeal is disposed

off as having statutorily abated.

Sd/-

JUDGE

Sd/-

JUDGE

Bsv