A P Susheela vs A P Shivakumarswamy
2024 Latest Caselaw 22350 Kant

Karnataka High Court

A P Susheela vs A P Shivakumarswamy on 3 September, 2024

                                             -1-
                                                          NC: 2024:KHC:35834-DB
                                                             RFA No.114/2019




                 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
                                             AN
                       THE HON'BLE MR JUSTICE VENKATESH NAIK T
                     REGULAR FIRST APPEAL No.114/2019 (PAR/DEC)
                BETWEEN:

                A P SUSHEELA
                W/O LATE SHANTHAMALESH
                AGE ABOUT 60 YEARS
                R/AT NO.1/2, ARENAHALLI VILLAGE
                RAVANDUR HOBLI
                PERIYAPATNA TALUK-571 107                         ...APPELLANT

                (BY SRI JOSE SABASTIAN, ADVOCATE)
                AND:

                1.    A P SHIVAKUMARSWAMY
                      S/O LATE PATEL PUTTASWAMY
                      AGED ABOUT 73 YEARS
                      R/AT NO.11/1, ARENAHALLI VILLAGE
Digitally             RAVANDUR HOBLI
signed by K S
RENUKAMBA             PERIYAPATNA TALUK - 571 107
Location:
High Court of   2.    D.A.NAGENDRA
Karnataka             S/O LATE ANNAYYA
                      AGED ABOUT 50 YEARS
                      R/AT DOREKERE VILLAGE
                      RAMANATHAGHUNGA PANCHAYAT
                      RAVANDUR HOBLI
                      PERIYAPATNA TALUK- 571 107

                3.    BHAGYA
                      W/O LATE KUMARSWAMY
                      MAJOR
                      R/AT DOREKERE VILLAGE
                      RAMANATHAGHUNGA PANCHAYAT
                      RAVANDUR HOBLI, PERIYAPATNA TALUK
                             -2-
                                          NC: 2024:KHC:35834-DB
                                             RFA No.114/2019




     ALSO R/AT NO.733
     KUMBARAGERE BEEDHI
     PERIYAPATNA TOWN & TALUK - 571 107

4.   P.M.PRASANNA
     S/O K.MAHADEVA
     AGED ABOUT 40 YEARS
     R/AT VOKKALIGARA BEEDHI
     PERIYAPATNA TOWN & TALUK- 571 107

5.   STATE BANK OF MYSORE
     ABBURU BRANCH
     PERIYAPATNA, MADIKERE ROAD
     PERIYAPATNA - 571 105
     REP. BY ITS MANAGER

6.   STATE BANK OF INDIA
     VIRAJPET BRANCH
     VIRAJPET TOWN
     MADIKERE DISTRICT-571218
     REP.BY ITS MANAGER

7.   STATE BANK OF INDIA
     SEEGUR BRANCH
     PERIYAPATNA TALUK
     MYSORE DISTRICT - 573 120
     REP. BY ITS MANAGER                     ...RESPONDENTS

     THIS   REGULAR   FIRST   APPEAL   IS  FILED   UNDER
SECTION 96 OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND
DECREE DATED 22.09.2018 PASSED BY THE SENIOR CIVIL JUDGE
AND JMFC, PERIYAPATNA IN O.S.NO.34/2013 DISMISSING THE
SUIT FOR DECLARATION, POSSESSION, PARTITION & SEPARATE
POSSESSION AND PERMANENT INJUNCTION.

      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
                               -3-
                                           NC: 2024:KHC:35834-DB
                                              RFA No.114/2019




                         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