Krishna vs Sri. K. Vishwanatha Nayak
2024 Latest Caselaw 25913 Kant

Karnataka High Court

Krishna vs Sri. K. Vishwanatha Nayak on 23 October, 2024

Author: K.Natarajan

Bench: K.Natarajan

                                          -1-
                                                    NC: 2024:KHC:42590
                                                   RFA No. 985 of 2014




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 23RD DAY OF OCTOBER, 2024

                                        BEFORE
                       THE HON'BLE MR JUSTICE K.NATARAJAN
                   REGULAR FIRST APPEAL NO. 985 OF 2014 (PAR)
             BETWEEN:

             KRISHNA
             S/O K.VISHWANATHA NAYAK,
             AGED ABOUT 29 YEARS,
             R/O NO.23,7TH MAIN ,
             KARAGAPPA GARDEN,
             S.R.NAGAR,
             BANGALORE-560027
                                                           ...APPELLANT
             (BY SRI.VINAY S.,ADVOCATE (ABSENT))

             AND:

             1.     SRI. K. VISHWANATHA NAYAK
                    S/O LATE MUNISWAMAPPA NAYAK,
                    AGED ABOUT 59 YEARS,
                    R/O NO.36
Digitally           PAPAMMA NILAYA,
signed by           CHOULE GALLI
BHARATHI S
Location:
                    RAMANNAPET, CUBBONPET,
HIGH                BANGALORE-560002
COURT OF
KARNATAKA
             2.     SRI.HEMANTH KUMAR NAIK
                    S/O M.VISHWANATH NAIK
                    SINCE DECEASED BY HIS LRS


             2(A) SMT. NIRMALA
                  W/O HEMANTH KUMAR NAIK
                  AGED MAJOR,
                  OCC:HOUSE HOLD WORK,
                  R/O NO.36, CHOULAGALLI,
                  RAMANNAPET
                  BANGALORE-560002
                              -2-
                                           NC: 2024:KHC:42590
                                         RFA No. 985 of 2014




2(B) SRI.DHANUSH
     S/O LATE HEMANTH NAIK
     SINCE MINOR REPRESENTED BY MINOR
     GUARDIAN MOTHER
     SMT.NIRMALA
     W/O LATE HEMANTH NAIK,
     AGED MAJOR,
     OCC:HOUSE HOLD WORK,
     R/O NO.36, CHOULAGALLI,
     RAMANNAPET,
     BANGALORE-560002

3.   SMT. PREMALATHA V
     D/O M.VISHWANATH NAYAK
     AGED ABOUT 27 YEARS,
     R/O NO.36, CHOULAGALLI,
     RAMANNA PET,
     BANGALORE-560002
                                              ...RESPONDENTS
(BY SRI. GANGADHAR AITHAL.,ADVOCATE FOR R1
NOTICE TO R2(A) IS HELD SUFFICIENT V/O DTD 15.12.2017
R2(B) IS MINOR REPRESENTED BY R2(A)
NOTICE TO R3 IS HELD SUFFICIENT V/O DTD 24.6.2016)

     THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE
JUDGMENT    AND   DECREE   DATED   18.3.2014   PASSED   IN
O.S.NO.1470/2005 ON THE FILE OF THE I ADDL. CITY CIVIL AND
SESSIONS JUDGE, BANGALORE, DISMISSING THE SUIT FOR
PARTITION AND SEPARATE POSSESSION AND ETC.

     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 has filed a memo in the

registry for withdrawing the appeal as the said appeal has

become infructuous on the death of the respondent No.1 who is

NC: 2024:KHC:42590

the father of appellant and seeks liberty to file the fresh suit on

new cause of action for partition and separate possession.

2. Memo is placed on record.

3. Appeal is dismissed as withdrawn with liberty as

prayed for.

Sd/-

(K.NATARAJAN) JUDGE

BS