R Akkaiamma @ Vijayalakshmi vs Smt Padmamma
2024 Latest Caselaw 6380 Kant

Karnataka High Court

R Akkaiamma @ Vijayalakshmi vs Smt Padmamma on 4 March, 2024

                                          -1-
                                                         NC: 2024:KHC:8966
                                                     RFA No. 1310 of 2011




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 4TH DAY OF MARCH, 2024

                                       BEFORE
                   THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                    REGULAR FIRST APPEAL NO. 1310 OF 2011 (PAR)
              BETWEEN:

              R AKKAIAMMA @ VIJAYALAKSHMI,
              W/O LATE NARAYANA MURTHY,
              D/O LATE T C RANGASWAMAPPA,
              AGED ABOUT 61 YEARS,
              R/AT NO.33/1, JORIPET,
              CHIKKANNAMMA TEMPLE STREET,
              BANGALORE - 560 002,
              PRESENTLY R/AT NO.12, UPSTAIRS,
              14TH CROSS, CUBBONPET, BANGALORE - 560 002.
                                                         ...APPELLANT
              (BY SRI R AKKAIAMMA @ VIJAYALAKSHMI, APPELLANT
              (ABSENT))
              AND:
Digitally
signed by     1.    SMT PADMAMMA,
PRAMILA G V
                    W/O LATE DHRUVANARAYANA
Location:
HIGH COURT          SINCE DEAD LEAVING BEHIND,
OF                  RESPONDENTS 2 TO 4 AS HER LRS.
KARNATAKA
              2.    D VIJAYA KUMAR,
                    AGED ABOUT 39 YEARS,
                    S/O LATE R DHRUVANARAYANA

              3.    D SRINIVASA
                    S/O LATE R DHRUVANARAYANA
                    AGED ABOUT 32 YEARS
                    RESPONDENTS 2 AND 3 ARE
                    R/AT NO.31, 13TH CROSS, CUBBONPET,
                           -2-
                                        NC: 2024:KHC:8966
                                     RFA No. 1310 of 2011




     BANGALORE-560002,
     PRESENTLY R/AT 518 3RD CROSS,
     SRINAGARA, BANGALORE-560050.
4.   D HEMAVATHI,
     W/O SHIVAKUMAR,
     D/O LATE R DHRUVANARAYANA,
     AGED ABOUT    YEARS
                TH
     R/AT 518, 7 MAIN SRINAGARA,
     BANGALORE- 560050.
5.   R VISWANATHA,
     S/O T C RANGASWAMAPPA,
     AGED ABOUT 65 YEARS,
     R/AT NO.1971, DEVANGA ROAD, NELAMANGALA,
     BANGALORE RURAL DISTRICT,
     PRESENTLY R/AT R VISWANATH,
     C/O G GANGARAJU WEAVERS COLONY,
     LAST HOUSE OF YEELLAMMA NAGARA,
     NELAMANGALA.
6.   MUNILAKSHMI,
     W/O KRISHNAPPA,
     S/O T C RANGASWAMAPPA,
     AGED ABOUT 62 YEARS,
     R/AT OPP PADMASHALA CHOULTY,
     DEVARAJA NAGAR, DODDABALLAPURA,
     BANGALORE RURAL DISTRICT.

7.   M LAKSHMI NARAYANA
     S/O LATE H MARIYAPPA,
     AGED ABOUT 59 YEARS,
     R/AT NO.64, SIDDANNA LANE,
     CUBBONPET CROSS, BANGALORE-560002.
                                        ...RESPONDENTS
(R1 - DEAD AS PER CAUSE TITLE,
 R3, R4, R6 ARE SERVED AND UNREPRESENTED,
 SRI S V MANJUNATH, ADVOCATE FOR R7)
                                  -3-
                                              NC: 2024:KHC:8966
                                          RFA No. 1310 of 2011




     THIS RFA IS FILED UNDER SECTION 96 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 02.04.2011
PASSED IN O.S.116/2002 ON THE FILE OF THE XLIII-ADDL.
CITY CIVIL AND SESSIONS JUDGE, CCH-44, BANGALORE,
DISMISSING THE SUIT FOR THE PARTITION.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY THE
COURT DELIVERED THE FOLLOWING:

                              JUDGMENT

1. Learned counsel for the appellant was permitted to

retire from the case vide order dated 29.02.2024. Thereafter,

the name of the appellant was ordered to be shown in the

cause-list.

2. Appellant's name is shown in the cause-list. There

is no appearance on behalf of the appellant in the morning

session as well as in the afternoon session. Appeal is of the

year 2011. This Court does not find any justifiable reasons to

adjourn the matter.

3. Hence, the appeal is dismissed for

non-prosecution.

Sd/-

JUDGE GVP