Citation : 2025 Latest Caselaw 7938 Kant
Judgement Date : 2 September, 2025
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NC: 2025:KHC:34231-DB
RFA No. 299 of 2015
C/W RSA No. 976 of 2018
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. 299 OF 2015 (PAR/POS)
C/W
REGULAR SECOND APPEAL NO. 976 OF 2018(DEC/INJ)
IN RFA No. 299/2015
BETWEEN:
T.LOKPRAKASH REDDY,
DEAD BY LR'S
1(a) PADMINI PRAKASH
W/O LATE T LOKPRAKASH REDDY,
AGED ABOUT 58 YEARRS,
PRAKASH LODGE,
OPPOSITE KSRTC DEPOT ROAD,
Digitally signed CHITRADURGA-577 501.
by
ANNAPURNA G 1(b) L.PAVITHRA TANZEEM
D/O LATE T LOKPRAKSH REDDY,
Location: HIGH
AGED ABOUT 36 YEARS,
COURT OF
KARNATAKA PRAKASH LODGE,
OPPOSITE KSRTC DEPOT ROAD
CHITRADURGA- 577 501.
...APPELLANTS
(BY SRI.B.M. SIDDAPPA, ADVOCATE FOR APPELLANT
NO.1(A AND B)(ABSENT),
SRI. SRIHARI A.V., ADVOCATE FOR PROPOSED
APPLICANT ON IA.NO.2/2022 TO 4/2022)
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NC: 2025:KHC:34231-DB
RFA No. 299 of 2015
C/W RSA No. 976 of 2018
HC-KAR
AND:
1. MR. A.R.S. CHITRA REDDY
W/O LATE MR. T.A. REDDY,
AGED ABOUT 69 YEARS,
R/O KRTC DEPOT ROASD,
NEAR TALUK PANCHAYAT OFFICE
CHURCH EXTENSION
CHITRADURGA-577 501.
2. SRI. P.M. NIRMALA
W/O LATE T. JAGATHPRAKASH REDDY
AGED ABOUT 50 YEARS,
R/AT FDA, GOVERNMENT GIRLS
JUNIOR COLLEGE,
NEAR TOWN POLICE STATION
CHITRADURGA-577 501.
3. T.J. YASHASHWINI
D/O LATE T. JAGATHPRAKASH REDDY
AGED ABOUT 30 YEARS,
LECTURER SARASWATHI
HI-TECH COLLEGE
OPPOSITE MUNICIPAL COMPLEX,
KELAGOTE,
CHITRADURGA-577 501.
4. PARTHASARATHI @ BABU REDDY
S/O LATE T JAGATHPRAKASH REDDY
AGED ABOUT 49 YEARS,
PRAKASH LODGE,
KSRTC DEPOT ROAD
CHITRADURGA-577 501.
5. SYED,
PROPRIETOR OF HYDERABAD
BIRIYANI HOTEL,
PRAKASH LODGE
OPPOSITE KSRTC DEPOT ROAD,
CHITRADURGA -577 501.
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NC: 2025:KHC:34231-DB
RFA No. 299 of 2015
C/W RSA No. 976 of 2018
HC-KAR
6. SYED AHAMED
PROPRIETOR,
KARNATAKA CHIKEN AND
BIRIYANI HOTEL, PRAKASH LODGE
OPPOSITE KSRTC DEPOT ROAD,
CHITRADURGA-577 501.
7. M.K. PADUVAL
ASTROLOGER,
PAKASH LODGE
OPPOSITE KSRTC DEPOT ROAD
CHITRADURGA-577 501.
8. VENKATESH,
PROPRIETOR HOTEL TRIVENI
PRAKASH LODGE,
OPPOSITE KSRTC DEPOT ROAD,
CHITRADURGA-577 501.
9. K. SATISH
S/O MR. KRISHNAPPA
AUTOMOBILE MECHANIC
PRAKASH LODGE
KSRTC DEPOT ROAD
CHITRADURGA-577 501.
10. SHIVAPPA BANGERA
PROPRIETOR INDIAN COFFEE BAR
PRAKASH LODGE
OPPOSITE KSRTC DEPOT ROAD,
CHITRADURGA-577 501.
11. SUJATHA
W/O MR. MANJUNATHA,
PROP AMULYA XEROX CENTRE,
PRAKASH LODGE
OPPOSITE KSRTC DEPOT ROLAD,
CHITRADURGA-577 501.
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NC: 2025:KHC:34231-DB
RFA No. 299 of 2015
C/W RSA No. 976 of 2018
HC-KAR
12. RANGANNA
S/O MR. GURAPPA
PROP: PAN BEEDA STALL
PRAKASH LODGE
OPPOSITE KSRTC DEPOT ROAD,
CHITRADURGA-577 501.
13. SHANTHA REDDY
PROP: REDDY MILITARY HOTEL
PRAKASH LODGE,
OPPOSITE KSRTC DEPOT ROAD,
CHITRADURGA-577 501.
14. SATHYANARAYAN
PROP: TYRE VULCANIZING SHOP
PRAKASH LODGE
OPPOSITE KSRTC DEPOT ROAD,
CHITRADURGA-577 501.
15. KUMAR
PROP: APPAJI HAIR DRESSERS,
PRAKASH LODGE,
OPPOSITE KSRTC DEPOT ROAD,
CHITRADURGA-577 501.
...RESPONDENTS
(BY SRI. B.R. VISHWANATH, ADVOCATE FOR R1,
SRI.R.SHASHIDHARA, ADVOCATE FOR R2 AND R3,
SRI.SHANTH KUMAR, ADVOCATE FOR R4 TO R7,
R10 TO R12,
VIDE ORDER DATED 21.03.2023,
NOTICE IN R/O R8, R9,R13 TO R15 ARE D/W AT THE
TIME FINAL HEARING)
THIS RFA IS FILED U/SEC 96 R/W ORDER 41 RULE 1 AND
2 OF CPC, AGAINST THE JUDGEMENT AND DECREE DATED
20.12.2014 PASSED IN O.S.NO.1/2010 ON THE FILE OF
PRINCIPAL SENIOR CIVIL JUDGE, CJM, AND MACT-III,
CHITRADURGA, DECREEING THE SUIT FOR PARTITION AND
SEPARATE POSSESSION.
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NC: 2025:KHC:34231-DB
RFA No. 299 of 2015
C/W RSA No. 976 of 2018
HC-KAR
IN RSA NO. 976/2018
BETWEEN:
T LOKPRAKASH REDDY
DEAD BY LR'S
1(a) PADMINIPRAKASH REDDY
W/O LATE LOKA PRAKASH REDDY,
AGED ABOUT 58 YEARRS,
PRAKASH LODGE,
OPPOSITE KSRTC DEPOT ROAD,
CHITRADURGA-577 501.
1(b) L.PAVITHRA TANZEEM
D/O LATE LOKA PRAKSH REDDY,
AGED ABOUT 36 YEARS,
PRAKASH LODGE,
OPPOSITE KSRTC DEPOT ROAD
CHITRADURGA- 577 501.
...APPELLANTS
(BY SRI.B.M. SIDDAPPA, ADVOCATE FOR A1(A & B)
(ABSENT),
SRI. SRIHARI A.V., ADVOCATE FOR P'SD
LR'S OF DECEASED APPELLANT)
AND:
1. MRS. A R S CHITRA REDDY
D/O. SUBBA REDDY
AGED ABOUT 69 YEARS,
R/O KSRTC DEPOT ROAD
NEAR TALUK PANCHAYAT OFFICE
CHURCH EXTENSION
CHITRADURGA - 577 501.
2. KARNATAKA STATE CO-OPERATIVE
APEX BANK LTD., REP BY ITS
GENERAL MANAGER
JANATHA BAZAR, GANDHINAGARA
CHITRADURGA - 577 501.
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RFA No. 299 of 2015
C/W RSA No. 976 of 2018
HC-KAR
3. THE UNION BANK OF INDIA
( A BODY INCORPORATED UNDER THE
PROVISIONS OF BANKING
COMPANIES ACQUISITION
AND TRANSFER OF UNDERTAKING ACTS)
HAVING ITS HEAD OFFICE, AT 239,
VIDHANA BHAVAN MARG,
MUMBAI, WITH SEVERAL BRANCHES AND
ONE SUCH BRANCH AT CHITRADURGA,
REP. BY ITS BRANCH MANAGER ,
KSRTC DEPOT ROAD
CHITRADURGA - 577 501.
4. STATE BANK OF MYSORE
CHITRADURGA BRANCH
REPRESENTED BY ITS
BRANCH MANAGER,
B.D. ROAD
CHITRADURGA - 577 501.
5. SECRETARY
KARNATAKA STATE BAR COUNCIL
OLD KGID BUILDING
DR. AMBEDKAR VEEDHI
BENGALURU - 560 001.
...RESPONDENTS
(VIDE ORDER DATED 21.03.2023,
SRI. B.R. VISHWANATH, ADVOCATE FOR R1,
R2,R3,R4 AND R5 ARE SERVED AND UNREPRESENTED)
THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 09.04.2018
PASSED IN R.A.NO.21/2016 ON THE FILE OF THE SPL.2nd
ADDITIONAL DISTRICT AND SESSIONS JUDGE,
CHITRADURGA, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED
20.12.2014 PASSED IN O.S.NO. 20/2011 ON THE FILE OF
THE PRINCIPAL SENIOR CIVIL JUDGE, CJM AND MACT-III
CHITRADURGA AND ETC.
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NC: 2025:KHC:34231-DB
RFA No. 299 of 2015
C/W RSA No. 976 of 2018
HC-KAR
THESE APPEALS, 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
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)
Learned counsel for the respondents is present.
No one appears for the appellants.
These appeals are dismissed for non-prosecution.
Sd/-
(JAYANT BANERJI) JUDGE
Sd/-
(UMESH M ADIGA) JUDGE
AG
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