Dismissed¶40

Mr v. Narayanachari S/O Late Mr Venkatakrishnachari v Mr Subbachari S/O Mr. Veeraraghavachari

Karnataka HC2 Sept 2025RFA/2494/2007

Case brief

AI extract

What is this about?

Karnataka High Court RFA No. 2494 of 2007 dismissed for non-prosecution; challenge to partial decree for partition and separate possession in O.S. No. 1839/96 (XVIII Addl. City Civil Judge, Bangalore, decree dated 7.9.2007); abatement of appeal against deceased respondents (orders dated 12.11.2024 and 11.03.2024); no appearance by appellants' counsel; bench of Jayant Banerji and Umesh M Adiga, JJ.

What did the court decide?

The appeal is dismissed for non-prosecution as no one appears for the appellants. ¶40

Mr v Narayanachari S/O Late Mr Venkatakrishnachari Vs Mr Subbachari S/O Mr. Veeraraghavachari — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:34230-DB RFA No. 2494 of 2007

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF SEPTEMBER, 2025

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PRESENT

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THE HON'BLE MR. JUSTICE JAYANT BANERJI AND

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THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR FIRST APPEAL NO. 2494 OF 2007

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BETWEEN:

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MR. V. NARAYANACHARI, S/O LATE MR. VENKATAKRISHNACHARI AGED ABOUT 76 YEARS, SINCE DEAD BY HIS LR'S

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1(A) SRI. CHANDRACHARI, S/O LATE V.NARAYANACHARI, AGED ABOUT 63 YEARS, NO.65, 5^TH MAIN,6^TH CROSS, SAMPANGI RAMANAGARA, BANGALORE- 560 027.

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Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA

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MR. V NANJACHARI S/O LATE MR. VENKATAKRISHNACHAR, AGED ABOUT 64 YEARS,

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MR. KRISHNACHARI S/O LATE MR. VENKATAKRISHNACHARI, AGED ABOUT 63 YEARS,

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ALL ARE RESIDING AT NO.65, 6^TH CROSS, DIVISION NO.73, SAMPANGIRAMANGAR, BANGALORE-560 027.

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…APPELLANTS

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2 - NC: 2025:KHC:34230-DB RFA No. 2494 of 2007

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HC-KAR

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(BY SRI.K.G. SADASHIVAIAH, ADVOCATE FOR APPELLANT NO.1(A) (ABSENT), SRI.V. RAGHAVENDRA, ADVOCATE FOR APPELLANT NO.2 (ABSENT). SRI. SUNIL S. RAO, ADVOCATE FOR APPELLANT NO.3 (ABSENT))

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AND:

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MR. SUBBACHARI S/O MR. VEERARAGHAVACHARI AGED ABOUT 53 YEARS R/A NO.49, SOMESWARANAGAR, BYRAPPA COMPOUND, III CROSS I^ST MAIN ROAD, I BLOCK, JAYANAGAR, BANGALORE-011.

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MRS. RUKKAMMA W/O MR M VENKATARAMANACHAR AGED ABOUT 71 YEARS R/A NO.15, 8^TH CROSS, SOMESWARANAGAR, I BLOCK, JAYANAGAR, BANGALORE-011.

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MRS. JAYAMMA D/O MR K. SUBBACHARI AGED ABOUT YEARS R/A NO.10, 4^TH CROSS 5^TH MAIN, SAMPANGIRAMANAGAR, BANGALORE-027.

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MRS BHAGYAMMA W/O MR N BRAMAIAH MAJOR R/A NO.124, 4^TH CROSS SOMESWARANAGAR, I BLOCK, JAYANAGAR, BANGALORE-011.

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3 - NC: 2025:KHC:34230-DB RFA No. 2494 of 2007

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HC-KAR

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SMT. V. KAMAKSHAMMA W/O VENKATARAMANACHARI SINCE DEAD BY HER LR, V. NARAYANACHARI, AGED ABOUT 53 YEARS TEJESVINI NILAYAM, NEAR A.V. ENTERPRISES, DEVANAGUNDI, VIJAYANAGAR, TUMKUR-572 102.

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SMT LAKSHMAMMA W/O RAJAGOPALACHARI AGED ABOUT 76 YEARS NO.65, 6^TH CROSS, 6^TH MAIN, SAMPANGIRAMANAGAR, BANGALORE-027

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…RESPONDENTS

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(BY SRI. M.D. BASAVANNA AND MUNIRAJU, ADVOCATES FOR R1, VIDE ORDER DATED 12.11.2024, APPEAL AGAINST R2 IS ABATED, SRI.E. RAJAGOPAL, ADVOCATE FOR R3, R4 IS SERVED AND UNREPRESENTED, VIDE ORDER DATED 11.03.2024, APPEAL AGAINST R5 AND R6 IS ABATED AND DISMISSED)

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THIS RFA IS FILED U/O XLI RULE 1 R/W SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DT.7.9.07 PASSED IN OS NO. 1839/96 ON THE FILE OF THE XVIII ADDL. CITY CIVIL JUDGE, BANGALORE, PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.

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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 MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE UMESH M ADIGA

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NC: 2025:KHC:34230-DB RFA No. 2494 of 2007

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HC-KAR

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ORAL JUDGMENT

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