Sri K H Shashikumar vs Sri K H Suresh
2024 Latest Caselaw 22349 Kant

Karnataka High Court

Sri K H Shashikumar vs Sri K H Suresh on 3 September, 2024

                                            -1-
                                                      NC: 2024:KHC:35836-DB
                                                           RFA No.24/2019



                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 3RD DAY OF SEPTEMBER, 2024

                                         PRESENT
                         THE HON'BLE MRS JUSTICE K.S.MUDAGAL
                                           AND
                       THE HON'BLE MR JUSTICE VENKATESH NAIK T
                        REGULAR FIRST APPEAL NO.24/2019 (RES)
                BETWEEN:

                SRI K H SHASHIKUMAR
                S/O LATE K.M.HONNAPPA SHETTY
                AGED ABOUT 66 YEARS
                MERCHANT, NATIONAL STORES
                OPP: CHAMPAK ENTERPRISES
                MAHATHMA GANDHI ROAD
                CHIKKAMAGALURU - 577 101                       ...APPELLANT

                (BY SMT.RASHMI T N, ADVOCATE)

                AND:

                1.   SRI K H SURESH
                     S/O LATE K.M. HONNAPPA SHETTY
                     AGED ABOUT 64 YEARS
                     MERCHANT, SOUNDARYA NOVELTIES
                     OPP: KESARI INTERIORS
Digitally            MAHATHMA GANDHI ROAD
signed by K S
RENUKAMBA            CHIKKAMAGALURU - 577 102
Location:
High Court of   2.   SMT.K.H.SHOBHA
Karnataka            W/O SRI.K.H.SURESH
                     AGED ABOUT 58 YEARS
                     R/AT "SOUNDARYA LAHARI"
                     SHETTY STREET
                     CHIKKAMAGALURU - 577 102              ...RESPONDENTS

                      THIS   REGULAR   FIRST   APPEAL    IS  FILED  UNDER
                SECTION 96 READ WITH SECTION 151 OF CPC PRAYING TO SET
                ASIDE THE JUDGMENT AND DECREE DATED 27.09.2018 PASSED
                IN O.S.NO.18/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
                JUDGE AND CJM., CHIKKAMAGALURU, DISMISSING THE SUIT.
                                -2-
                                           NC: 2024:KHC:35836-DB
                                                RFA No.24/2019



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

CORAM:       HON'BLE MRS JUSTICE K.S.MUDAGAL
             AND
             HON'BLE MR JUSTICE VENKATESH NAIK T


                         ORAL JUDGMENT

(PER: HON'BLE MRS JUSTICE K.S.MUDAGAL)

Despite granting sufficient opportunity, needful is not

done, therefore the appeal is dismissed.

Sd/-

(K.S.MUDAGAL) JUDGE

Sd/-

(VENKATESH NAIK T) JUDGE

KSR