Rudresh vs Smt Chikkahombamma
2024 Latest Caselaw 27656 Kant

Karnataka High Court

Rudresh vs Smt Chikkahombamma on 19 November, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                                -1-
                                                          NC: 2024:KHC:46663
                                                       RFA No. 1857 of 2012




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 19TH DAY OF NOVEMBER, 2024

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                         REGULAR FIRST APPEAL NO. 1857 OF 2012 (PAR)

                   BETWEEN:

                   1.    RUDRESH
                         S/O PUTTAPPA,
                         AGED ABOUT 54 YEARS,
                         R/AT NO.140, F ROAD,
                         1ST IDEAL HOMES TOWNSHIP,
                         RAJARAJESHWARI NAGAR,
                         BANGALORE-560 028.

                   2.    KRISHNA S/O PUTTAPPA,
                         AGED ABOUT 53 YEARS,

                   3.    DEVARAJU S/O PUTTAPPA,
                         AGED ABOUT 46 YEARS,

                   4.    ASHOK S/O PUTTAPPA,
Digitally signed
by DEVIKA M              AGED ABOUT 42 YEARS,
Location: HIGH
COURT OF                 APPELLOANTS NO.2 TO 4 ARE
KARNATAKA
                         R/AT AVAREGERE VILLAGE, BIDADI HOBLI,
                         RAMANAGARAM TALUK AND DISTRICT-573 171.
                                                               ...APPELLANTS

                                (BY SRI. PRAKASH M.H., ADVOCATE)
                   AND:

                   1.    SMT. CHIKKAHOMBAMMA
                         W/O RAMAIAH,
                         AGED ABOUT 56 YEARS,
                         R/AT SHETTIGOWDANADODDI,
                         BIDADI HOBLI,
                             -2-
                                       NC: 2024:KHC:46663
                                   RFA No. 1857 of 2012




     RAMANAGARAM TALUK
     AND DISTRICT-573171.

2.   PUTTAPPA S/O LATE HANUMANTHAIAH,
     AGED ABOUT 74 YEARS,
     R/AT AVAREGERE VILLAGE,
     BIDADI HOBLI,
     RAMANAGARAM TALUK
     AND DISTRICT-573 171.

3.   SMT.GOWRAMMA W/O VENKATESH,
     AGED ABOUT 51 YEARS,
     17TH CROSS, PADARAYANAPURA,
     BANGALORE-560 056.

4.   SMT. UMA W/O MUNIRAJU,
     AGE: MAJOR, R/AT NO.25,
     1ST MAIN, DEEPANJALINAGAR,
     BANGALORE-560 021.

5.   SMT.SHANTHI W/O SHIVAKUMAR,
     AGED ABOUT 44 YEARS,
     R/AT ANDRAHALLI,
     HEGGANAHALLI MAIN ROAD,
     SUMANI FASHION OFFER SHED ROAD,
     SHIRDI SAI BABA LAYOUT,
     BANGALORE-560 012.
                                          ...RESPONDENTS

    (BY SRI. K.L.SREENIVAS, ADVOCATE FOR R2 TO R4;
             VIDE ORDER DATED 04.01.2023,
 COURT NOTICE ISSUED TO R1 AND SERVICE IS ACCEPTED)

     THIS RFA IS FILED UNDER SECTION 96 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 07.07.2012
PASSED IN O.S.321/2008 ON THE FILE OF THE PRL. SENIOR
CIVIL JUDGE AND CJM, RAMANAGARA, DECREEING THE SUIT
FOR PARTITION AND SEPARATE POSSESSION.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
                                -3-
                                             NC: 2024:KHC:46663
                                           RFA No. 1857 of 2012




CORAM:     HON'BLE MR JUSTICE H.P.SANDESH

                         ORAL JUDGMENT

Learned counsel for the appellants has filed a memo

stating that already FDP proceedings has been closed and in

the FDP, petitioner has stated that she has executed a

relinquishment deed dated 07.01.2022 and she is not willing to

proceed with the matter and even respondent Nos.1 to 7 are

also not interested to proceed with the matter and Trial Court

taking note of the relinquishment deed executed, closed the

FDP proceedings.

2. In view of execution of relinquishment deed, this

appeal does not survive for consideration. Accordingly, the

regular first appeal stands disposed of.

Sd/-

(H.P.SANDESH) JUDGE

ST