Smt Ashwathamma v. Smt Rathnamma

Karnataka HC15 Sept 2025RFA/1078/2021

Case brief

AI extract

What is this about?

NC: 2025:KHC:36890-DB | High Court of Karnataka, Bengaluru | RFA No. 1078 of 2021 (DEC) | decided 15.09.2025 | Bench: Anu Sivaraman and Rajesh Rai K (judgment per Rajesh Rai K) | Appeal under Section 96 CPC against judgment and decree dated 21.08.2021 in O.S.No.921/2010 (LXIII Addl. City Civil and Sessions Judge, CCH-64, Bengaluru) dismissing suit for declaration | Appeal dismissed for non-prosecution; office objections not complied with; peremptory order dated 05.09.2024 | No costs or quantum awarded; no precedent engaged.

What did the court decide?

Office objections in the appeal had not been complied with, and in view of the Court's peremptory order dated 05.09.2024, no further order was required. ¶38

Smt Ashwathamma Vs Smt Rathnamma — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:36890-DB RFA No. 1078 of 2021

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF SEPTEMBER, 2025 PRESENT

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THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND

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THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 1078 OF 2021 (DEC)

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BETWEEN:

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SMT. ASHWATHAMMA W/O LAKSHMANA REDDY D/O. LAKSHMAMMA AGED ABOUT 42 YEARS R/AT NO.61, ANJANEYA TEMPLE DODDABANASHWADI POST BENGALURU - 560 043.

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SMT. SHYAMALA W/O MUNIREDDY D/O.LATE LAKSHMAMMA AGED ABOUT 38 YEARS R/AT NO.34/1, BASAVANAGAR, NEAR G.S.PALYA, ELECTRONIC CITY POST, BENGALURU - 560 100.

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Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka

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SMT. SARASWATHI W/O SADSHIVA REDDY, D/O LATE LAKSHMAMMA, AGED ABOUT 36 YEARS.

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SMT. MUNITHAYAMMA W/O ASHWATHA REDDY, AGED ABOUT 32 YEARS D/O LATE LAKSHMARMMA.

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PLAINTIFFS 3 & 4 ARE R/AT NO.652 OLD CHANNASANDRA ROAD, BANASWADI POST, BENGALURU - 560 043.

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…APPELLANTS

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2 - NC: 2025:KHC:36890-DB RFA No. 1078 of 2021

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HC-KAR

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(BY SRI PRASANNA KUMAR R.S, ADV., - (ABSENT))

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AND:

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SMT RATHNAMMA W/O LATE SEENAPPA D/O LATE GURAPPA REDDY, AGED ABOUT 73 YEARS.

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SRI GURUMURTHY S/O RATHNAMMA, AGED ABOUT 50 YEARS.

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BOTH ARE R/AT NO.4, GSP ROAD, KONAPPANA AGRAHARA, ELECTRONIC CITY POST BENGALURU - 100.

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SMT. VIJAYA W/O VENKATESH REDDY, D/O RATHNAMMA, AGED ABOUT 41 YEARS, R/O HULIMAVU, JIGANI POST, ANEKAL TALUK - 560 076.

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SRI MEGHJI BHIMJI PATEL S/O BHIMJI PATEL, AGED ABOUT 75 YEARS, C/O YUVARAJA, NO.21/56, B NARAYANAPURA EXTN. DOORAVANINAGAR, BENGALURU - 560 016.

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SRI DEVJI VALJI PATEL S/O VALJI PATEL, MAJOR IN AGE.

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SMT. KANTABEN W/O BHIMII PATEL, AGED ABOUT 73 YEARS.

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SMT. RATANBEEN W/O DHARMAJI PATEL AGED ABOUT 60 YEARS.

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NC: 2025:KHC:36890-DB RFA No. 1078 of 2021

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HC-KAR

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DEFENDANTS 5 TO 7 ARE R/AT SRI DHANALAKSHMI TIMBER MART, DODDABANASAWADI MAIN ROAD, DODDABANASAWADI K.R.PURAM HOBLI, RAMAMURTHY NAGAR, BENGALURU - 560 043.

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…RESPONDENTS

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(BY SRI RAHUL S. REDDY, ADV., FOR C/R-5)

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THIS RFA IS FILED UNDER SECTION 96 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 21.08.2021 PASSED IN O.S.NO.921/2010 ON THE FILE OF THE LXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-64) BENGALURU CITY, DISMISSING THE SUIT FOR DECLARATION.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE RAJESH RAI K)

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Till today, office objections are not complied with. Therefore, in view of the peremptory order dated 05.09.2024 passed by this Court, no further order is required.

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NC: 2025:KHC:36890-DB RFA No. 1078 of 2021

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HC-KAR

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