Karnataka High Court
Smt Thayakka vs Sri Mahadeva on 2 September, 2025
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RFA No. 2163 of 2012
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF SEPTEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE JAYANT BANERJI
AND
THE HON'BLE MR. JUSTICE UMESH M ADIGA
REGULAR FIRST APPEAL NO. 2163 OF 2012 (PAR)
BETWEEN:
1. SMT.THAYAKKA,
D/O HANUMA BHOYI,
AGED ABOUT 65 YEARS,
NO.110, 14TH CROSS,
JANATHA LAYOUT,
J.P.NAGAR, MYSORE-570 008.
(SINCE DECEASED BY LR
APPELLANT NO.3 AS PER ORDER
DATED 05.09.2018)
Digitally
signed by K G
RENUKAMBA 2. SRI.SATHISH,
Location: S/O SMT.SIDDAMMA,
HIGH COURT AGED ABOUT 24 YEARS,
OF NO.110, 14TH CROSS,
KARNATAKA
JANATHA LAYOUT,
J.P.NAGAR,
MYSORE-570 008.
3. SMT.DODDAGOWRAMMA,
D/O HANUMA BHOYI,
AGED ABOUT 50 YEARS,
NO.101, 13TH CROSS,
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RFA No. 2163 of 2012
HC-KAR
JANATHA LAYOUT,
J.P.NAGAR,
MYSORE-570 008.
(LR OF DECEASED 1ST APPELLANT
AS PER ORDER DATED 05.09.2018)
SINCE DECEASED BY LRS.
3(A). RAMESH.N,
S/O NAGARAJU.R,
AGED ABOUT 42 YEARS,
RESIDING AT NO.100,
13TH CROSS, JANATHA LAYOUT,
NACHANAHALLIPALYA,
MYSORE SOUTH,
MYSORE-570 008.
3(B). NARAYANA.N,
S/O NAGARAJU.R,
AGED ABOUT 35N YEARS,
RESIDING AT NO.101,
13TH CROSS, JANATHA BADAVANE,
J.P.NAGAR, MYSORE SOUTH,
MYSORE-570 008.
3(C). ASHA.N,
W/O MOHANA.S,
AGED ABOUT 37 YEARS,
RESIDNG AT NO.3-4,
7TH MAIN ROAD,
NACHANAHALLIPALYA,
MYSORE SOUTH,
MYSORE-570 008.
4. SMT.CHIKKAGOWRAMMA,
D/O HANUMA BOYI,
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RFA No. 2163 of 2012
HC-KAR
AGED ABOUT 47 YEARS,
HOMMARAGALLI VILLAGE,
H.D KOTE TALUK-571 114.
SINCE DECEASED BY LRS.
4(A). RAVI,
S/O GOVINDA BHOVI,
AND CHIKKAGOWRAMMA,
AGED ABOUT 38 YEARS,
R/AT VADDARA PALYA VILLAGE,
HAMPAPURA HOBLI,
H.D.KOTE TALUK,
HOMMARAGAHALLI,
MYSORE-571 125.
4(B). GOPALA,
S/O GOVINDA BHOVI,
AND CHIKKAGOWRAMMA,
AGED ABOUT 33 YEARS,
R/AT VADDARA PALYA VILLAGE,
HAMPAPURA HOBLI,
H.D.KOTE TALUK,
HOMMARAGAHALLI,
MYSORE-571 125.
4(C). RAJU,
S/O GOVINDA BHOVI,
AND CHIKKAGOWRAMMA,
AGED ABOUT 29 YEARS,
R/AT VADDARA PALYA VILLAGE,
HAMPAPURA HOBLI,
H.D.KOTE TALUK,
HOMMARAGAHALLI,
MYSORE-571 125.
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RFA No. 2163 of 2012
HC-KAR
4(D). ROOPA,
W/O LOKESHA,
D/O GOVINDA BHOVI
AND CHIKKAGOWRAMMA,
AGED ABOUT 35 YEARS,
R/AT VADDARA PALYA VILLAGE,
HAMPAPURA HOBLI,
H.D.KOTE TALUK,
HOMMARAGAHALLI,
MYSORE-571 125.
...APPELLANTS
(BY SRI.RAJU K.P., ADVOCATE FOR APPELLANT NO.2,
APPELLANT NO.4 (A AND D)(ABSENT)
(VIDE ORDER DATED 05.09.2018, APPELLANT NO.1 DEAD AND
APPELLANT NO.3 IS LR'S OF DECEASED APPELLANT NO.1)
(VIDE ORDER DATED 23.02.2023 APPEAL AS AGAINST
APPELLANT NO.3(A TO C), APPELLANT NO.4(B AND C),
DISMISSED AS WITHDRAWN)
AND:
1. SRI.MAHADEVA,
S/O RAMAKRISHNA,
AGED ABOUT 35 YEARS,
R/AT NO.152, 1ST CROSS,
1ST MAIN ROAD,
NACHANAHALLI PALYA,
J.P.NAGAR, MYSORE- 570 008.
SINCE DECEASED BY LR'S
1(A). Y.K.UMA DEVI,
W/O LATE MAHADEVA,
AGED ABOUT 40 YEARS,
RESIDING AT NO.152,
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HC-KAR
1ST CROSS, 1ST MAIN ROAD,
NACHANAHALLI PALYA,
J.P.NAGAR, MYSORE- 570 008.
1(B). VINAY.M,
S/O LATE MAHADEVA,
AGED ABOUT 24 YEARS,
RESIDING AT NO.152,
1ST CROSS, 1ST MAIN ROAD,
NACHANAHALLI PALYA,
J.P.NAGAR, MYSORE- 570 008.
1(C). SAHANA.M,
D/O LATE MAHADEVA,
AGED ABOUT 17 YEARS,
RESIDING AT NO.152,
1ST CROSS, 1ST MAIN ROAD,
NACHANAHALLI PALYA,
J.P.NAGAR, MYSORE- 570 008.
REPRESENTED BY MOTHER R1(A),
NATURAL GUARDIAN, SINCE MINOR.
2. SRI.ANANDA,
S/O RAMAKRISHNA,
AGED ABOUT 32 YEARS,
3. SMT.AMBIKA,
D/O RAMAKRISHNA,
AGED ABOUT 29 YEARS,
4. SRI.MANJU,
S/O RAMAKRISHNA,
AGED ABOUT 26 YEARS,
5. SRI.GANESH,
S/O RAMAKRISHNA,
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RFA No. 2163 of 2012
HC-KAR
AGED ABOUT 27 YEARS,
6. KUM.SOUMYA,
D/O RAMAKRISHNA,
AGED ABOUT 24 YEARS,
RESPONDENTS NO.2 TO 5 ARE
R/AT NO. 152, 1ST CROSS,
1ST MAIN ROAD, NACHANAHALLI,
PALYA, J P NAGAR, MYSORE- 570 008.
7. SRI.RAJEEB CHOUDARY,
S/O SUNIL CHOUDARY,
AGED ABOUT 44 YEARS,
NO.340, MOOKAMBIKA KRIPA,
10TH B MAIN ROAD, 1ST CROSS,
3RD STAGE, 4TH BLOCK
BASAVESHWARA NAGARA,
BANGALORE- 560 086
...RESPONDENTS
(BY SRI.H.K.REVANASIDDAPPA., ADVOCATE
FOR R1(A TO C), SRI.R.B.SANGAMESH.,
ADVOCATE FOR R2 TO R6, R7 SERVED
UNREPRESENTED)
THIS RFA IS FILED U/SEC.96 OF CPC, AGAINST THE
JUDGMENT AND DECREE DATED 20.09.2012 PASSED IN
O.S.NO.1491/2007 ON THE FILE OF THE III-ADDL. SENIOR
CIVIL JUDGE, MYSORE, DISMISSING THE SUIT FOR PARTITION
AND SEPARATE POSSESSION.
THIS APPEAL, COMING ON FOR FINAL HEARING, 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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RFA No. 2163 of 2012
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)
No one appears to press this appeal.
Accordingly, appeal is dismissed for non-prosecution.
Sd/-
(JAYANT BANERJI)
JUDGE
Sd/-
(UMESH M ADIGA)
JUDGE
BVK
