Smt. Nagarathna vs Sri Channakrishna
2024 Latest Caselaw 22578 Kant

Karnataka High Court

Smt. Nagarathna vs Sri Channakrishna on 4 September, 2024

                                               -1-
                                                         NC: 2024:KHC:36215-DB
                                                            RFA No.2300/2019



                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                        DATED THIS THE 4TH 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.2300/2019 (PAR)
                   BETWEEN:
                   SMT.NAGARATHNA
                   W/O K BORAIAH
                   AGED ABOUT 59 YEARS
                   R/AT JAKKANAHALLI, KAILANCHA HOBLI
                   BANNIKUPPE KSHETHRA
                   RAMANAGARA TALUK
                   RAMANAGARA DISTRICT - 571 511                ...APPELLANT
                   (BY SRI.KASHINATH J D, ADVOCATE)
                   AND:

                   1.   SRI CHANNAKRISHNA
                        S/O LATE C KESHAVA MURTHY
                        AGED ABOUT 62 YEARS
                        R/AT NO.Q-30, POLICE QUARTERS
                        SIRSI CIRCLE, MYSORE ROAD
Digitally signed        BANGALORE - 560 018
by PRABHU
KUMARA
NAIKA              2.   SMT.PUTTALINGAMMA
Location: High          W/O LATE C KESHAVA MURTHY
Court of                AGED ABOUT 74 YEARS
Karnataka               R/AT OLD NO.385, NEW NO.2226
                        11TH MAIN ROAD, 3RD BLOCK
                        JAYANAGAR, BANGALORE - 560 011

                   3.   SMT.MALA
                        W/O SANGABASAVAIAH
                        AGED ABOUT 47 YEARS
                        C/O SMT PUTTALINGAMMA
                        R/AT OLD NO.385, NEW NO. 2226
                        11TH MAIN ROAD, 3RD BLOCK
                        JAYANAGAR, BANGALORE - 560 011
                                -2-
                                          NC: 2024:KHC:36215-DB
                                              RFA No.2300/2019



4    SMT.LAKSHMI
     W/O KANTHARAJU
     AGED ABOUT 45 YEARS
     C/O SMT.PUTTALINGAMMA
     R/AT OLD NO.385, NEW NO. 2226
     11TH MAIN ROAD, 3RD BLOCK
     JAYANAGAR, BANGALORE - 560 011             ... RESPONDENTS

     THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96
READ WITH ORDER XLI RULE 1 OF THE CPC, PRAYING TO SET ASIDE
THE JUDGMENT AND DECREE DATED 13.09.2019 PASSED IN
O.S.NO.3600/2010 ON THE FILE OF THE XV ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FOR
PARTITION AND SEPARATE POSSESSION.

     THIS 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)

No representation for the appellant.

Despite granting sufficient opportunity, needful is not

done. Therefore, appeal is dismissed for non compliance.

Sd/-

(K.S.MUDAGAL) JUDGE

Sd/-

(VENKATESH NAIK T) JUDGE

PKN