Smt. Subba Rathna vs Sri. M.J.Rajendra Prasad
2024 Latest Caselaw 27094 Kant

Karnataka High Court

Smt. Subba Rathna vs Sri. M.J.Rajendra Prasad on 12 November, 2024

Author: K.Natarajan

Bench: K.Natarajan

                                                  -1-
                                                               NC: 2024:KHC:45754
                                                            RFA No. 1133 of 2015




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 12TH DAY OF NOVEMBER, 2024

                                                BEFORE

                                THE HON'BLE MR JUSTICE K.NATARAJAN

                            REGULAR FIRST APPEAL NO.1133 OF 2015 (POS)

                      BETWEEN:

                      SMT. SUBBA RATHNA
                      W/O. LATE M.J. PRABHAKAR,
                      C/O. K.S. SATHYANARAYANA SHETTY,
                      AGED ABOUT 60 YEARS,
                      RESIDENT OF NO.117,
                      5TH MAIN, 5TH CROSS,
                      VASANTHPURA, BDA LAYOUT,
                      BENGALURU - 560 061.                          ... APPELLANT

                      (BY SRI BALARAJ A.C., ADVOCATE)

                      AND:

                      1.    SRI M.J. RAJENDRA PRASAD
                            S/O. LATE M. JAYARAMAIAH SHETTY,
Digitally signed by         AGED ABOUT 53 YEARS,
MAHALAKSHMI B M
Location: HIGH              RESIDENT OF HAMSA MEGA MARKETING,
COURT OF                    NO.186, 1ST FLOOR, SRI MARUTHI BUILDING,
KARNATAKA                   R.V.ROAD, BENGALURU-04.

                      2.    SRI M.J. RADHA KRISHNA
                            S/O. LATE M. JAYARAMAIAH SHETTY,
                            AGED ABOUT 62 YEARS,
                            R/O. BRAHMAN STREET, HOSKOTE,
                            BENGALURU RURAL DISTRICT - 562 114.

                      3.    SMT. ASWATH LAKSHMI
                            W/O. T.V. RAMANJINAYA SHETTY,
                            D/O. LATE M. JAYARAMAIAH SHETTY,
                            AGED ABOUT 68 YEARS,
                             -2-
                                         NC: 2024:KHC:45754
                                       RFA No. 1133 of 2015




     RESIDENT OF PALYAKERE VILLAGE,
     CHELLUR HOBLI, BHAGEPALLI TALUK,
     KOLAR DISTRICT - 561 202.

4.   B.S. RAJESHWARI
     W/O. B.M. SATHYANARAYANA SHETTY,
     D/O. LATE M. JAYARAMAIAH SHETTY,
     AGED ABOUT 55 YEARS,
     RESIDENT OF GENERAL MERCHANTS,
     AMMAVARPET,
     OLD POST OFFICE ROAD,
     KOLAR - 563 101.                      ... RESPONDENTS

                           *****

     THIS RFA IS FILED UNDER SECTION 96 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 23.01.2014
PASSED IN O.S.NO.978/2007 ON THE FILE OF THE XXII ADDL.
CITY CIVIL AND SESSIONS JUDGE BANGALORE (CCH.NO.7),
DECREEING    THE   SUIT   PARTITION    FOR    SEPARATE
POSSESSION.

    THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:     HON'BLE MR JUSTICE K.NATARAJAN

                    ORAL JUDGMENT

Learned counsel for the appellant submits and also

filed a memo stating that the appellant has already

created third-party interest on the subject matter and he

is not interested in prosecuting the matter.

2. Submission and memo are placed on record.

NC: 2024:KHC:45754

3. The matter has been pending for nine years and

there is no progress in the matter. Hence, the appeal is

dismissed for non-prosecution.

Sd/-

(K.NATARAJAN) JUDGE

MBM