Sri Venkatawamy vs Smt Subbamma @ Papamma
2024 Latest Caselaw 22362 Kant

Karnataka High Court

Sri Venkatawamy vs Smt Subbamma @ Papamma on 3 September, 2024

Author: S.G.Pandit

Bench: S.G.Pandit

                                                 -1-
                                                         NC: 2024:KHC:35922-DB
                                                         RFA No. 1373 of 2014




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 3RD DAY OF SEPTEMBER, 2024

                                               PRESENT
                              THE HON'BLE MR JUSTICE S.G.PANDIT
                                                 AND
                            THE HON'BLE MR JUSTICE C.M. POONACHA
                    REGULAR FIRST APPEAL NO. 1373 OF 2014 (DEC/INJ)
                   BETWEEN:

                   SRI VENKATAWAMY
                   S/O LATE VENKATARAMANAPPA
                   AGED ABOUT 75 YEARS
                   R/AT BASVANNA TEMPLE STREET
                   KARAGADA BEEDI
                   HESARGHATTA (V) & (H)
                   BANGALORE NORTH TALUK
                   PIN - 560088.
                                                                   ...APPELLANT
                   (BY SRI. RAVI KUMAR K M.,ADVOCATE (ABSENT))

                   AND:
Digitally signed
by NIRMALA         1.    SMT SUBBAMMA @ PAPAMMA
DEVI                     W/O LATE MUNIYAPPA,
Location:                AGED ABOUT 50 YEARS
HIGH COURT
OF
KARNATAKA          2.    SMT.RAMAKKA
                         D/O LATE MUNIYAPPA
                         AGED ABOUT 35 YEARS

                   3.    SMT.AKKAYAMMA
                         D/O LATE MUNIYAPPA
                         AGED ABOUT 33 YEARS

                   4.    SRI.MUNIRAJU
                         S/O LATE MUNIYAPPA
                         AGED ABOUT 29 YEARS
                                 -2-
                                            NC: 2024:KHC:35922-DB
                                             RFA No. 1373 of 2014




    ALL ARE RESIDING AT KEREBAKALU,
    KARAGADA TEMPLE ST.
    DODDAPET, DODDABALAPUR
    BANGALORE RURAL DISTRICT 561203.
                                                     ...RESPONDENTS

      THIS RFA IS FILED UNDER ORDER 41 RULE 1 AND 2 OF CPC,
AGAINST THE JUDGEMENT AND DECREE DATED 15.4.2014 PASSED
IN O.S.NO.1148/2009 ON THE FILE OF II ADDITIONAL SENIOR CIVIL
JUDGE, BANGALORE RURAL DISTRICT, BANGALORE, DISMISSING
THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION AND
ETC.

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

CORAM:       HON'BLE MR JUSTICE S.G.PANDIT
             and
             HON'BLE MR JUSTICE C.M. POONACHA

                        ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE S.G.PANDIT)

Memo dated 2.1.2018 filed by learned counsel for the

appellant seeking leave to retire from the case is rejected since

acknowledgement for having served notice on the appellant is

not placed on record.

2. Notice was ordered on 2.1.2018 on IA No.1/2014

and IA No.1/2016 and also on appeal to the respondents and

legal representatives of the deceased appellant. Till this date,

steps have not been taken to serve notice on legal

representatives as well as respondents.

NC: 2024:KHC:35922-DB

3. There is no representation for the appellant in the

morning as well as in the afternoon. Even on 25.10.2023 there

was no representation for the appellant. The appeal is

dismissed for non prosecution.

Sd/-

(S.G.PANDIT) JUDGE

Sd/-

(C.M. POONACHA) JUDGE

ND