This is a regular first appeal against a judgment dismissing a suit for partition. The appeal was dismissed for non-prosecution as no representation appeared from the appellants in the afternoon session.
None. Appeal dismissed due to non-prosecution.
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.
NC: 2023:KHC:42720 RFA No. 30 of 2008
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL No.30 OF 2008 (PAR)
BETWEEN:
SINCE DEAD BY LEGAL REPRESENTATIVES
W/O LATE S.NARAYANAPPA AGED ABOUT 66 YEARS R/AT 2ND MAIN BASAVANAGARA(FLOUR MILL) MARATHALLI POST BENGALURU – 560 037.
Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA
(b) SRI N.PARAMESHA S/O LATE S.NARAYANAPPA AGED ABOUT 35 YEARS R/AT 2ND MAIN BASAVANAGARA (FLOUR MILL) MARATHALLI POST BENGALURU – 560 037.
(c) SMT.LAKSHMI.N D/O LATE S.NARAYANAPPA W/O M.GOVINDRAJ AGED ABOUT 49 YEARS
NC: 2023:KHC:42720 RFA No. 30 of 2008
R/AT NO.158, 3RD BLOCK 9TH CROSS, THYAGARAJNAGAR BENGALURU – 560 028
(d) SMT.NAGAVENI.N D/O LATE S.NARAYANAPPA W/O MUNINAGARAJ AGED ABOUT 47 YEARS R/AT P-8-A-106, PLOT NO.8, 9TH MAIN JEEVANBHIMANAGAR BENGALURU – 560 075
(f) SMT.SARASWATHI D/O LATE S.NARAYANAPPA W/O LATE G.CHANDRASHEKAR AGED ABOUT 43 YEARS R/AT NO.2, 2ND MAIN BASAVANAGARA (FLOUR MILL) MARATHALLI POST BENGALURU – 560 037.
NC: 2023:KHC:42720 RFA No. 30 of 2008
D/O LATE S.NARAYANAPPA W/O M.LOKESH AGED ABOUT 37 YEARS R/AT NO.94, MAHANTHALINGAPURA JIGANI HOBLI, ANEKAL TALUK BANNERGHATTA POST BENGALURU – 560 105.
(i) SMT.JYOTHI.N D/O S.NARAYANAPPA W/O MOHAN KUMAR.S AGED ABOUT 36 YEARS R/AT No.347, SHIVANAPALYA KENGERI SATELLITE TOWN BENGALURU – 560 060
…APPELLANTS
(BY SRI RAMALINGAM P H, ADVOCATE)
AND:
SINCE DECEASED BY HIS LRS THE APPELLANT AND THE RESPONDENT NO.2 TO 12
NC: 2023:KHC:42720 RFA No. 30 of 2008
R/AT NO.44, KODIHALLI MAIN ROAD INDIRANAGAR POST BANGALORE -560 008
RESIDING AT NO.2468/A, 2ND CROSS, HAL III STAGE, KONENA AGRAHARA VIMANAPURA POST BANGALORE -17
SINCE DEAD BY LEGAL REPRESENTATIVES
LEGAL REPRESENTATIVES No.(a) to (e) ARE RESIDING AT No.44, KODIHALLI MAIN ROAD INDIRANAGAR POST BENGALURU – 560 038.
(f) SRI PILLARAJU S/O LATE RAMAKKA AGED ABOUT 28 YEARS RESIDING AT No.110/2 KRISHNAPPA BUILDING
NC: 2023:KHC:42720 RFA No. 30 of 2008
GANGAMMA TEMPLE ROAD KODIHALLI BENGALURU – 560 008
…RESPONDENTS
(BY SRI K M JAGANATH, ADVOCATE FOR R2, R4 AND R5; SRI K.S.NARAYANA SWAMY, ADVOCATE FOR R3 (A TO D); SRI H.S.RAMA MURTHY, ADVOCATE FOR R6 (c) AND R7; R6 (A TO F) –SERVED;
VIDE ORDER DATED 22.07.2010 APPEAL AGAINST R6 STANDS ABATED; R8 SERVED;
R1 DEAD AND R2 TO R8 ARE LEGAL REPRESENTATIVES OF DECEASED R1)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND DECREE DATED 22.9.2007 PASSED IN O.S.NO.6669/2000 ON THE FILE OF THE I ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-2), DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS REGULAR FIRST APPEAL COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2023:KHC:42720 RFA No. 30 of 2008
JUDGMENT
In the morning session, junior of Sri P.H.Ramalingam, counsel was present. At his request, matter was passed over to afternoon session.
In the afternoon session, there is no representation for the appellants.
Appeal is dismissed for non prosecution.
Sd/JUDGE
kcm List No.: 1 Sl No.: 36
1 provisions across 1 enactments
1. S NARAYANAPPA S/O S SIDDAPPA (LEGAL REPRESENTATIVES)
1. SRI SIDDAPPA S/O KOPPADA RAMAIAH (LEGAL REPRESENTATIVES)
2. SRI SAMPANGI RAMAIAH S/O SRI SIDDAPPA
V. SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
