Karnataka High Court
Sri.Babu Pishe vs Sri Jagannath Pishe on 29 July, 2025
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NC: 2025:KHC:29018-DB
RFA No. 260 of 2014
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JULY, 2025
PRESENT
THE HON'BLE MR. JUSTICE JAYANT BANERJI
AND
THE HON'BLE MR. JUSTICE UMESH M ADIGA
REGULAR FIRST APPEAL NO. 260 OF 2014 (PAR-)
BETWEEN:
SRI.BABU PISHE
SON OF LATE P.E.GNANOBA RAO,
AGED ABOUT 61 YEARS,
RESIDING AT 307, "NARAYANA MAHAL",
K.KAMARAJ ROAD,
BANGALORE 560 042
...APPELLANT
(BY SRI. MEENAKSHY K NATESAN.,ADVOCATE)
AND:
Digitally signed 1. SRI JAGANNATH PISHE
by
ANNAPURNA SON OF LATE P.E.GNANOBA RAO,
G RESIDING AT NO. 4157,
Location: HIGH 14TH MAIN, HAL 2ND STAGE,
COURT OF INDIRANAGAR,
KARNATAKA
BANGALORE- 560 008.
2. SMT.KRISHNA BAI
WIFE OF LATE P.E.GNANOBA RAO,
MAJOR, RESIDING AT NO.4157,
14TH MAIN, HAL 2ND STAGE,
INDIRANAGAR,
BANGALORE- 560 008.
3. SMT. P.G. PARVATHI
WIFE OF LATE SATHYANARAYANA RAO,
-2-
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RFA No. 260 of 2014
HC-KAR
MAJOR, RESIDING AT
M.G.ROAD, NEAR PANDURANGA
TEMPLE, OPP. SBMATM,
KANAKPURA- 562 117
4. SMT. R. LAKSHMI
MAJOR,
RESIDING AT NO. 131,
K.KAMRAJ ROAD,
BANGALORE 560 001
5. SMT. D. SHAMALA
MAJOR,
RESIDING AT NO.155,
ARMSTRONG ROAD,
BANGALORE 560 001
6. SMT. G. GAYATHRI
RESIDING AT NO.9,
ANJINAPPA LAYOUT
2ND A CROSS,3RD MAIN,
HORAMAVU,
BANGALORE 560043
...RESPONDENTS
(BY SRI. RAGHUNATH M D, ADVOCATE)
THIS REGULAR FIRST APPEAL FILED UNDER SECTION 96,
READ WITH ORDER 41, OF CPC., PRAYING TO SET ASIDE THE
JUDGMENT AND DECREE DATED 12.11.2013 PASSED IN O.S.
26889/2007 IN THE COURT OF THE XXVIII-ADDITIONAL CITY
CIVIL JUDGE, MAYO HALL, BEGALURU IN THE SUIT SCHEDUL A
AND B PROPERTIES AND TO 1/7 SHARE IN THE WRITTEN
STATEMENT PROPERTY AND GRANT OTHER RELIEF/S.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI
and
HON'BLE MR. JUSTICE UMESH M ADIGA
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NC: 2025:KHC:29018-DB
RFA No. 260 of 2014
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)
The counsel holding brief of Smt. Meenakshi K
Natesan, advocate, requests an adjournment for taking
steps in respect of deceased Respondent Nos. 1 and 2. He
also seeks time for filing of paper books.
2. A perusal of the order sheet reflects that on
08.11.2023, an application bearing IA No.1/2017 was
considered and it was informed by counsel appearing for
the Respondents that both the Respondent Nos. 1 and 2
had passed away and the application does not survive for
consideration. The application was accordingly dismissed.
On that very day, the Court peremptorily granted four
weeks time to file paper books.
3. On 13.12.2023, peremptorily four weeks time
was granted by this court to comply with the Office
Objections. On 31.08.2024, on the request of the counsel
for the appellant, two weeks time was granted to file
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HC-KAR
paper books subject to payment of cost of Rs.3,000/-. On
16.01.2025, time was again granted by this Court to take
steps to file paper books.
4. The series of orders passed by this Court
reflects the inaction on part of the Appellant.
5. In this view of the matter, given the fact that
learned counsel for the Respondents who is present in
Court and opposes the adjournment and who states that
the appeal has abated, the appeal stands abated against
the Respondent Nos. 1 and 2.
6. It is evident from perusal of the memo of
appeal that there are six Respondents. The suit was for
partition. All the parties are family members. Since the
appeal stands abated against two of the Respondents who
are family members of rest of the parties, the entire
appeal abates.
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HC-KAR
Accordingly, the appeal stands disposed off as
abated.
Sd/-
(JAYANT BANERJI)
JUDGE
Sd/-
(UMESH M ADIGA)
JUDGE
BSV
