Karnataka High Court
Smt. Hemalatha V M vs Smt C Rangamma on 9 September, 2025
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NC: 2025:KHC:35501-DB
RFA No. 170 of 2012
C/W RFA.CROB No. 18 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH 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. 170 OF 2012 (PAR)
C/W
RFA CROSS OBJECTION NO. 18 OF 2017 (PAR)
IN RFA.No.170/2012
IN RFA No. 170/2012 :
BETWEEN:
SMT. HEMALATHA V.M.,
W/O G. MUNIRAJU,
AGED ABOUT 40 YEARS,
D/O LATE VENKATARAJU M.S.
R/AT NO.12,1ST FLOOR,
15TH CROSS, 6TH TEMPLE ROAD,
Digitally signed MALLESHWARAM,
by
ANNAPURNA G BANGALORE-560 003.
Location: HIGH ...APPELLANT
COURT OF (BY SRI. SRIDHAR B.R., ADVOCATE FOR
KARNATAKA
SRI. M. SHIVAPRAKASH, ADVOCATE)
AND:
SMT. C. RANGAMMA
SINCE DECEASED BY HER LR'S
1. SRI V. CHANDRASHEKAR
S/O LATE VENKATARAJU. M.S.,
AGED ABOUT 50 YEARS,
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RFA No. 170 of 2012
C/W RFA.CROB No. 18 of 2017
HC-KAR
2. SRI. V. KIRAN KUMAR,
S/O LATE VENKATARAJU M.S.
AGED ABOUT 35 YEARS,
NO.1 TO 2 ARE RESIDING AT
NO.196/2, 2ND CROSS,
CHIKKANNA GARDEN,
KEMPEGOWDA NAGAR,
BANGALORE-560 018.
3. SRI. V. NANDA KUMAR,
S/O LATE VENKATARAJU M.S.
AGED ABOUT 38 YEARS,
RESIDING AT NO.12,
1ST FLOOR, 5TH CROSS,
6TH TEMPLE ROAD,
MALLESHWARAM,
BANGALORE -560 003.
4. SMT. V. KAMALA
W/O DR. ESHWARAM,
D/O LATE VENKATARAJU M.S.,
AGED ABOUT 48 YEARS,
R/AT NO.377,4TH AVENUE,
2ND "E" MAIN, TEACHER'S COLONY,
KORAMANGALA,
BANGALORE-560 034.
5. SMT. V. LEELA
W/O JAGANNATH,
D/O LATE VENKATARAJU M.S.,
AGED ABOUT 46 YEARS,
R/AT NO.210/1, 16TH CROSS,
4TH MAIN, MALLESHWARAM,
BANGALORE-560 003.
6. SMT. V. SARALA
W/O K.R. SADANAND,
D/O LATE VENKATARAJU M.S.,
AGED ABOUT 38 YEARS,
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RFA No. 170 of 2012
C/W RFA.CROB No. 18 of 2017
HC-KAR
R/AT NO.12, 15TH CROSS,
6TH TEMPLE ROAD,
MALLESHWARAM,
BANGALORE- 560 003.
7. SMT. V. KEERTHI CHANDRIKA
W/O HARISH,
D/O LATE VENKATARAJU M.S.,
AGED ABOUT 34 YEARS,
R/AT NO.65/2,
RAMA IYENGAR ROAD,
V.V. PURAM,
BANGALORE -560 004.
...RESPONDENTS
(BY SRI. B. ROOPESHA, ADVOCATE FOR R1, R3 AND R5, AND
R2, R6 AND R7 ARE SERVED AND UNREPRESENTED,
SRI.PRANAV, ADVOCATE FOR
SRI.B.R.VISHWANATH, ADVOCATE FOR R4)
THIS RFA IS FILED U/SEC.96, OF CPC, PRAYING TO CALL
FOR THE ENTIRE RECORDS IN O.S.NO.8057/2006, ON THE
FILE OF XXII ADDITIONAL CITY CIVIL JUDGE, BANGALORE,
DATED 02.11.2011 AND TO DECREE THE SUIT FULLY AND
CONSEQUENTLY MODIFY THE JUDGMENT AND DECREE IN
O.S.NO.8057/2006, ON THE FILE OF XXII ADDITIONAL CITY
CIVIL JUDGE, BANGALORE, DATED 02.11.2011, BY GRANTING
DECREE FOR PARTITION IN RESPECT OF SUIT SCHEDULE ITEM
NO.2 OF THE PROPERTY AND ETC.,
IN RFA.CROB NO. 18/2017
BETWEEN:
1. SRI. V. CHANDRASHEKAR
S/O LATE VENKATARAJU M.S.
AGED ABOUT 58 YEARS,
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RFA No. 170 of 2012
C/W RFA.CROB No. 18 of 2017
HC-KAR
2. SRI.V.KIRAN KUMAR
S/O LATE VENKATARAJU M.S.
AGED ABOUT 43 YEARS,
NO.1 AND 2 ARE RESIDING AT
NO.196/2, 2ND CROSS, CHIKKANNA GARDEN,
KEMPEGOWDANAGAR,
BANGALORE-560 018.
...CROSS OBJECTORS
(BY SRI. OMKARESHA, ADVOCATE FOR CROSS
OBJECTORS (ABSENT)
AND:
SMT. C. RANGAMMA
SINCE DECEASED BY HER LR'S
1. SMT.HEMALATHA
W/O G.MUNIRAJU,
D/O LATE VENKATARAJU, M.S.
AGED ABOUT 47 YEARS,
RESIDING AT NO.12, 1ST FLOOR,
15TH CROSS, 6TH TEMPLE ROAD,
MALLESHWARAM, BANGALORE-560 003.
2. SRI.V.NANDAKUMAR
S/O LATE VENKATARAJU M.S.
AGED ABOUT 45 YEARS,
R/AT NO.12, 1ST FLOOR,
5TH CROSS, 6TH TEMPLE ROAD,
MALLESHWARAM,
BANGALORE-560 003.
3. SMT.V.KAMALA
WO DR.ESHWARAM,
D/O LATE VENKATARAJU M.S.
AGED ABOUT 55 YEARS,
2ND 'E' MAIN TEACHERS COLONY,
KORAMANGALA,
BANGALORE-560 034.
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RFA No. 170 of 2012
C/W RFA.CROB No. 18 of 2017
HC-KAR
4. SMT.V.LEELA,
W/O JAGANNATH
D/O LATE VENKATARAJU M.S.
AGED ABOUT 52 YEARS,
R/AT NO.210/1, 16TH CROSS,
4TH MAIN, MALLESHWARAM,
BANGALORE-560 003.
5. SMT.V.SARALA
W/O K.R.SADANAND,
D/O LATE VENKATARAJU M.S.
AGED ABOUT 45 YEARS,
R/AT NO.12, 1ST FLOOR,
5TH CROSS, 6TH TEMPLE ROAD,
MALLESHWARAM, BANGALORE-560 003.
6. SMT.V.KEERTHI CHANDRIKA
W/O HARISH,
D/O LATE VENKATARAJU M.S.,
R/AT NO.65/2, RAMA IYENGAR ROAD,
V.V.PURAM, BANGALORE-560 004.
...RESPONDENTS
(BY SRI.SRIDHAR B.R., ADVOCATE FOR
SRI.M.SHIVAPRAKASH, ADVOCATE FOR R1,
SRI.B.ROOPESHA, ADVOCATE FOR R2 AND R4,
SRI.PRANAV, ADVOCATE FOR
SRI.B.R.VISHWANATH,ADVOCATE FOR R3,
R5 AND R6 ARE SERVED AND UNREPRESENTED)
THIS RFA CROB IN RFA.No.170/2012 IS FILED UNDER
SEC.96 OF CPC, 1908 R/W ORDER XLI RULE 22 OF CPC.,
PRAYING TO CALL FOR RECORDS IN O.S.NO.8057/2006,
DATED 02.11.2011, ON THE FILE OF THE XXII ADDL. CITY
CIVIL JUDGE, BANGALORE, AND TO REVERSE THE
PORTION OF THE FINAL JUDGMENT AND DECREE DATED
02.11.2011, BY HOLDING DISMISSAL OF THE SUIT
AGAINST SUIT ITEM NO.2 AS JUST AND REASONABLE AND
ETC.,
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NC: 2025:KHC:35501-DB
RFA No. 170 of 2012
C/W RFA.CROB No. 18 of 2017
HC-KAR
THIS APPEAL AND RFA CROB., 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
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)
In RFA.No.170/2012 :
A joint memo has been filed by advocate
Mr.Sridhar B.R., and Sri B.R.Vishwanath for referring the
matter for mediation. However, we are pained to observe
that Mr.Sridhar B.R., has not filed Vakalath on behalf of
the appellant, which fact he admits. It does not befit a
counsel to act in such a fashion, that is, filing a memo
without Vakalath.
2. Accordingly, the joint memo is rejected. The brief
holder appearing for the counsel for the appellant was
asked to commence with the arguments as the matter is
of the year 2012, however, he expresses his inability to do
so.
NC: 2025:KHC:35501-DB
HC-KAR
The appeal is therefore dismissed for
non-prosecution.
Interim order granted, if any, stands vacated.
In RFA.Crob.No.18/2017 :
None appears for the cross-objectors.
Accordingly, RFA.Cross Objection is dismissed for
non-prosecution.
Sd/-
(JAYANT BANERJI)
JUDGE
Sd/-
(UMESH M ADIGA)
JUDGE
BK
