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Smt Galamma Vs Sri Venkatesh — Partition | Karnataka HC (2023)

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Karnataka HC
2023
Smt Galamma Vs Sri VenkateshSmt Galamma v. Sri Venkatesh

Dismissed

Smt Galamma v. Sri Venkatesh

Karnataka HC24 Mar 2023RFA/1507/2018

Case brief

AI extract

What is this about?

Regular First Appeal dismissed for default due to appellant's absence and non-compliance with office objections after multiple listings.

What the court decided

AI extract

A

1 -

RFA No. 1507 of 2018

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24^TH DAY OF MARCH, 2023

BEFORE

THE HON'BLE MRS. JUSTICE M G UMA

REGULAR FIRST APPEAL NO.1507 OF 2018 (PAR)

BETWEEN:

SMT. GALAMMA W/O. LATE MUNIHANUMAIAH D/O. LATE NAGAPPA .T AGED ABOUT 56 YEARS, RESIDING AT NO.44, NEAR DURGAPARAMESHWARI TEMPLE, YEDIYUR, JAYANAGAR 7^TH BLOCK, BENGALURU - 560 082. ... APPELLANT (BY SRI HAREESH BHANDARY T., ADVOCATE (ABSENT))

AND:

Digitally signed by SUNITHA GANGARAJU Location: High Court Of Karnataka

Parties & counsel

AI extract

appellant
SMT. GALAMMA W/O. LATE MUNIHANUMAIAH
respondent
SMT. RAMAKKA W/O. LATE VENKATESH
respondent
SMT. RENUKA D/O. LATE VENKATESH
respondent
SRI MANJUNATH B.V. S/O. LATE VENKATESH
respondent
SMT. BYLAMMA W/O. LATE T. NAGAPPA
respondent

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 24 Mar 2023 · March
Registered: 3 Sept 2018
Case no.: RFA/1507/2018

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Cite this judgement

Smt Galamma v. Sri Venkatesh, RFA/1507/2018 (KA), decided on 24 March 2023.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

M G UMA

Parties & counsel

Outcome

Dismissed

Detailed headnote1 paragraphs

The appeal was dismissed for default on the grounds of non-prosecution and failure of the appellant to address raised objections despite multiple adjournments.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

SRI VENKATESH S/O. LATE P. NAGAPPA, SINCE DECEASED ON 20.05.2007, REPRESENTING BY HIS LEGAL REPRESENTATIVES)

SMT. RAMAKKA W/O. LATE VENKATESH AGED ABOUT 58 YEARS,

SMT. RENUKA D/O. LATE VENKATESH, AGED ABOUT 34 YEARS,

SRI MANJUNATH B.V. S/O. LATE VENKATESH, AGED ABOUT 34 YEARS,

2 -

RFA No. 1507 of 2018

RESPONDENT NOS.1 TO 3 ARE R/AT BHUVANAHALLI VILLAGE, SULIBERE HOBLI, BENGALURU RURAL DISTRICT - 562 129.

SMT. BYLAMMA W/O. LATE T. NAGAPPA, AGED ABOUT 86 YEARS, R/AT NO.44, 4^TH CROSS, A.K.COLONY, YEDIYUR, 7^TH BLOCK, JAYANAGAR, BENGALURU - 560 082.

SRI RAJA

S/O. LATE T. NAGARPPA, SINCE DECEASED ON 23.09.2011 AND REPRESENTING BY LR's

SMT. LAKSHMI D/O. LATE RAJA, AGED ABOUT 47 YEARS,

SMT. LATHA D/O. LATE RAJA, AGED ABOUT 24 YEARS,

SRI HEMANTH S/O. LATE RAJA, AGED ABOUT 21 YEARS,

RESPONDENT NOS.5 TO 7 ARE R/AT NO.44, 4^TH CROSS, A.K.COLONY, YEDIYUR, 7^TH BLOCK, JAYANAGAR, BENGALURU - 560 082.

SRI GOVINDAPPA S/O. LATE T. NAGAPPA, SINCE DECEASED ON 08.09.2016 REPRESENTING BY HIS LEGAL REPRESENTATIVES)

3 - RFA No. 1507 of 2018

SMT. MUNIYAMMA W/O. LATE GOVINDAPPA, AGED ABOUT 44 YEARS,

SRI HEMANTHA KUMAR S/O. LATE GOVINDAPPA, AGED ABOUT 22 YEARS,

SRI NAGESHA S/O. LATE GOVINDAPPA, AGED ABOUT 20 YEARS,

RESPONDENT NOS.8 TO 10 ARE R/AT NO.44, 4^TH CROSS, A.K.COLONY, YEDIYUR, 7^TH BLOCK, JAYANAGAR, BENGALURU - 560 082.

SMT. ARASAMMA W/O. MUNIYAPPA D/O. D. NAGAPPA, AGED ABOUT 47 YEARS, R/AT NO.44, 4^TH CROSS, A.K.COLONY, YEDIYUR, 7^TH BLOCK, JAYANAGAR, BENGALURU - 560 082.

... RESPONDENTS

THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 05.02.2003 PASSED IN O.S.NO.7795/2002 ON THE FILE OF THE XX ADDL.CITY CIVIL JUDGE, BANGALORE PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.

THIS RFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:

4 -

RFA No. 1507 of 2018

JUDGMENT

Though the matter is passed over twice, the learned

counsel for the appellant is absent. No representation.

The office has raised several objections and the same are not complied with, even after listing the matter for the eighth time. I do not find any reason to adjourn the matter. Hence, the appeal is dismissed for default i.e., for non prosecution.

Sd/JUDGE

SKS

SRI RAJA S/O. LATE T. NAGARPPA

Coram

AI extract

M G UMA

CNR

KAHC010247772018

Topic

Bench

Disposal

Dismissed for Non-Prosecution

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