High Court of Karnataka dismissed the second appeal as not maintainable and not pressed, holding it to be a duplication of a separate appeal filed by the same plaintiffs through legal heirs.
RFA No. 1074 of 2024 is dismissed as not maintainable and not pressed.
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: 2024:KHC:50169 RFA No. 1074 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN REGULAR FIRST APPEAL NO. 1074 OF 2024 (PAR)
BETWEEN:
D/O. P. CHANDRASHEKAR, (LATE) AGED ABOUT 41 YEARS.
Digitally signed by MAMATHA R Location: High Court of Karnataka
ALL ARE RESIDENTS OF NO. C-76, 'C' BLOCK, KHB PWD QUARTERS, SULTANPALYA, KAVALBAIRASANDRA, BANGALORE-560 032.
…APPELLANTS
(BY SMT. P.C. LEELAVATHI, ADVOCATE FOR A1 AND A3; SMT. G. PREETHI REDDY, ADVOCATE FOR A2)
AND:
DELETED V/O/D 18.09.2024.
LAST RESIDED AT NO.54/2, NEAR BALAJI COFFEE WORKS, CUBBONPET, MAIN ROAD, BANGALORE-560 002.
BOTH ARE RESIDING AT NO. 487, I MAIN, 'B BLOCK' AECS LAYOUT, KUNDANAHALLI, BANGALORE-560 032
…RESPONDENTS
(R4 AND R5 ARE SERVED BUT UNREPRESENTED)
THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 06.02.2024 PASSED IN O.S.NO.3905/2024 ON THE FILE OF THE VI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BENGALURU
CITY, DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.NATARAJAN
ORAL JUDGMENT
The appeal in RFA No.1120/2024 is filed by three appellants / plaintiffs. The same appellants i.e., plaintiff nos.1 and 2 filed the present appeal i.e., RFA No.1074/2024 through legal heir counsel. However, in view of filing appeal by all the three plaintiffs in RFA No.1120/2024, the present case filed by plaintiff Nos.1 and 2 does not survive for consideration as it is duplication and it is not maintainable.
NC: 2024:KHC:50169 RFA No. 1074 of 2024
the plaintiff nos.1 and 2 in RFA No.1074/2024 is not maintainable. Hence, RFA 1074/2024 is hereby dismissed
as not pressed.
Sd/(K.NATARAJAN) JUDGE
JJ List No.: 1 Sl No.: 0
1 issue framed by the court
Whether the second appeal filed jointly by plaintiffs 1 and 2 is maintainable in view of their filing of a separate appeal alongside the legal heirs.
1 provisions across 1 enactments
P.C. Bhagalakshmi
P.C. Leelavathi
P.C. Varaprasad
P. Ranganath
P. Lakshmi Narayana
P. Gnana Murthy
K. Natarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
