Dismissed

Sri Y Venugopal v. Sri Y Ramamurthy

Karnataka HC10 Nov 2023RFA/336/2007

Case brief

AI extract

What is this about?

Three third appeals regarding property partition were dismissed before the High Court of Karnataka. Two appeals were dismissed as abated due to the death of appellants without bringing legal representatives. The third appeal was dismissed for non-prosecution due to the absence of counsel.

What did the court decide?

RFA No. 336/2007 and 335/2007 dismissed as abated; RFA No. 561/2007 dismissed for non-prosecution and abatement as observed.

Sri Y Venugopal Vs Sri Y Ramamurthy — Partition | Karnataka HC (2023)

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NC: 2023:KHC:40802 RFA No. 336 of 2007 C/W RFA No. 335 of 2007 RFA No. 561 of 2007

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL No.336 OF 2007 (PAR)

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C/W

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REGULAR FIRST APPEAL No.335 OF 2007 REGULAR FIRST APPEAL No.561 OF 2007

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IN RFA No.336/2007

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BETWEEN:

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SRI Y VENUGOPAL S/O LATE A.YELLAPPA AGED ABOUT 66 YEARS SECOND FLOOR, PORTION OF PREMISES BEARING NO.328/A/97, 12TH MAIN ROAD 6TH BLOCK, DR.RAJKUMAR ROAD RAJAJINAGAR, BANGALORE-560 010

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Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA

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SRI D Y MUNIYAPPA S/O LATE A YELLAPPA AGED ABOUT 63 YEARS SECOND FLOOR, PORTION OF PREMISES BEARING NO.328/A/97, 12TH MAIN ROAD 6TH BLOCK, DR.RAJKUMAR ROAD RAJAJINAGAR, BANGALORE-560 010

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…APPELLANTS

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(BY SRI. UDAY K.S., ADVOCATE FOR C.M. NAGABUSHANA, ADVOCATE)

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2 - NC: 2023:KHC:40802 RFA No. 336 of 2007 C/W RFA No. 335 of 2007 RFA No. 561 of 2007

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AND:

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SRI Y RAMAMURTHY S/O LATE A.YELLAPPA AGED ABOUT 52 YEARS R/ATNO.8, 4TH MAIN SHIVAJINAGAR BANGALORE-10

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SMT MUNIYAMMA W/O LATE A CHIKKA YELLAPPA SINCE DEAD REPRESENTED BY R3

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SRI C Y SHANKARAPPA S/O LATE A CHIKKA YELLAPPA AGED ABOUT 51 YEARS R/AT GROUND FLOOR PORTION OF NO.328/A/97, 12TH MAIN ROAD 6TH BLOCK, DR.RAJKUMAR ROAD, RAJAJINAGAR, BANGALORE-560 010

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SMT MUNIYAMMA W/O LATE D CHANNAPPA AGED ABOUT 85 YEARS R/AT NO.68, 7TH CROSS CHIKKATHAYAPPA ROAD VASANTHNAGAR, BANGALORE-52

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SMT MUNIYAMMA W/O LATE K MUNISWAMAIAH AGED ABOUT 60 YEARS NO.18, 5TH BLOCK, II MAINROAD, K.P.WEST, BANGALORE-560 020

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…RESPONDENTS

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3 - NC: 2023:KHC:40802 RFA No. 336 of 2007 C/W RFA No. 335 of 2007 RFA No. 561 of 2007

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(BY SRI. R VIJAYA KUMAR, ADVOCATE FOR R1) (R4 & R5 SERVED) (V/O DTD. 14/2/2023 R3 IS TREATED AS LR OF DECEASED R2)

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THIS RFA IS FILED U/S 96 R/W ORDER 41 RULE 1 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED 18.11.2006 PASSED IN O.S.No.1326/1996 ON THE FILE OF THE PRL.CITY CIVIL AND SESSIONS JUDGE, BANGALORE, DISMISSING THE SUIT FOR PARITITON AND SEPARATE POSSESSION.

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IN RFA No.335/2007

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BETWEEN:

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SRI D Y MUNIYAPPA S/O LATE A YELLAPPA AGED ABOUT 63 YEARS

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SRI Y VENUGOPAL S/O LATE A.YELLAPPA AGED ABOUT 66 YEARS

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BOTH ARE R/AT FIRST & SECOND FLOORS OF PREMISES BEARING NO.328/A/97, 12TH MAIN ROAD 6TH BLOCK, DR.RAJKUMAR ROAD RAJAJINAGAR, BANGALORE-560 010

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…APPELLANTS

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(BY SRI. C.M. NAGABUSHANA., ADVOCATE)

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AND:

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SMT MUNIYAMMA W/O LATE A CHIKKA YELLAPPA SINCE DEAD REPRESENTED BY HER LR

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4 - NC: 2023:KHC:40802 RFA No. 336 of 2007 C/W RFA No. 335 of 2007 RFA No. 561 of 2007

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1(a) SRI. C.Y. SHANKARAPPA S/O LATE CHIKKAYELLAPPA & MUNIYAMMA AGED ABOUT 71 YEARS R/AT NO.358/A/97, 12TH MAIN ROAD 6TH BLOCK, DR.RAJKUMAR ROAD, RAJAJINAGAR, BANGALORE-560 010

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…RESPONDENTS

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(BY SRI. G. GANGI REDDY, ADVOCATE FOR R1(A) V/O DT. 14/2/2023

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SRI. SUNIL S. RAO, ADVOCATE FOR R1(A) NOC FILED)

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THIS RFA IS FILED U/S 96 R/W ORDER 41 RULE 1 OF CPC AGAINST THE JUDGEMENT AND DECREE DT. 18.11.2006 PASSED IN OS.NO. 2224/1996 ON THE FILE OF THE PRL.CITY CIVIL AND SESSIONS JUDGE, BANGALORE, DECREEING THE SUIT FOR PARITITON AND SEPARATE POSSESSION.

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IN RFA No.561/2007

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BETWEEN:

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1 . SRI RAMAMURTHY S/O LATE DODDAYELLAPPA AGED MAJOR R/AT NO.8, 4TH MAIN, SHIVAJINAGAR BANGALORE-10

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2 . SRI Y VENUGOPAL S/O LATE DODDAYELLAPPA

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3 . SRI D Y MUNIYAPPA S/O LATE DODDAYELLAPPA AGED MAJOR

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BOTH ARE R/AT II AND I FLOOR

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5 - NC: 2023:KHC:40802 RFA No. 336 of 2007 C/W RFA No. 335 of 2007 RFA No. 561 of 2007

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PREMISES NO.328/A, 12TH MAIN ROAD, 6TH BLOCK, DR.RAJKUMAR ROAD, BANGALORE-52.

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...APPELLANTS

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(BY SRI. S.N. RAMAPRASAD, ADVOCATE (NOC GIVEN) SRI. D ARUMUGHAM, ADVOCATE NOC VAKALATH)

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AND

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1 . SRI C Y SHANKARAPPA

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S/O LATE.A. CHIKKA YELLAPP A AGED ABOUT 50 YEARS R/AT NO. 328/A, 12TH MAIN ROAD, 6TH BLOCK, DR.RAJKUMAR ROAD, RAJAJINAGAR, BANGALORE-10

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2 . SMT MUNIYAMMA

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W/O LATE DODDA YELLAPPA AGED MAJOR R/AT NO.8, 4TH MAIN ROAD SHIVAJINAGAR BANGALORE-10

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3 . SMT MUNIYAMMA

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W/O LATE.C. CHENNAPPA AGED MAJOR R/AT NO.68, 7TH CROSS CHIKKATHAYAPPA ROAD, VASANTHANAGAR, BANGALORE-52

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4 . SMT MUNIYAMMA W/O LATE K MUNISWAMAIAH AGED ABOUT 60 YEARS NO.18, 5TH BLOCK, II MAIN ROAD K P WEST, BANGALORE-20

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……RESPONDENTS

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(BY SRI SUNIL S RAO, ADVOCATE FOR R1)

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NC: 2023:KHC:40802 RFA No. 336 of 2007 C/W RFA No. 335 of 2007 RFA No. 561 of 2007

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THIS RFA IS FILED U/S 96 R/W ORDER 41 RULE 1 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED 29.11.2006 PASSED IN OS.No.7238/1998 ON THE FILE OF THE PRL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.

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THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Sri Uday K.S. counsel representing the counsel for appellants-Sri C.M.Nagabhushana in RFA Nos.336/2007 and 335/2007 submits that appellants in both the appeals are no more and despite best efforts, he could not get the details of the legal representatives of deceased appellants to bring them on record to prosecute the appeal.

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Placing his submission on record, RFA No.336/2007 and RFA No.335/2007 stands dismissed as abated.

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Ms.Roopa, counsel representing the appellants in RFA No.561/2007 submits that appellants have taken no objection from the counsel and as such, they are unable to prosecute the matter further.

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NC: 2023:KHC:40802 RFA No. 336 of 2007 C/W RFA No. 335 of 2007 RFA No. 561 of 2007

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Appellant Nos.2 and 3 in RFA No.561/2007 who are appellant Nos.1 and 2 in RFA No.336/2007 and 335/2007 have died long back and due to non-bringing their legal representatives, both the appeals stood dismissed, as observed above. Accordingly, RFA No.561/2007 abates as against appellant Nos.2 and 3.

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Appellant No.1 has not chosen to engage any other counsel to proceed with the case. As such, placing the submission of Ms.Roopa, counsel appearing for appellants earlier, RFA No.561/2007 stands dismissed for non prosecution as against appellant No.1.

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Ordered accordingly.

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Sd/JUDGE

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kcm List No.1, Sl.No.37

Sri Y Venugopal v. Sri Y Ramamurthy

Case brief

What is this about?

What did the court decide?

Sri Y Venugopal v. Sri Y Ramamurthy

Case brief

What is this about?

What did the court decide?

What the court decided

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