Dismissed¶41

Smt Anusuyamma v. Smt Parvathamma

Karnataka HC12 Sept 2025RFA/414/2008

Case brief

AI extract

What is this about?

High Court of Karnataka, Bengaluru; RFA No. 414 of 2008 (PAR); Section 96 CPC; appeal against judgment and decree dated 29.11.2007 in O.S. No. 8181/2000 (I Addl. City Civil and Sessions Judge, Bangalore, CCH No. 2) partly decreeing suit for partition, separate possession and mesne profits with 1/4th share to plaintiffs; appellants' counsel permitted to retire 15.02.2023; appellants absent and unrepresented on 12.09.2025; appeal dismissed for non-prosecution by Justice H.T. Narendra Prasad.

What did the court decide?

Neither the appellants nor any counsel engaged by them appeared when the matter was called, and the Court considered that the appellants were not interested in prosecuting the appeal. ¶38

Smt Anusuyamma Vs Smt Parvathamma — Karnataka HC (2025) — LawSathi Research

¶1

1 - NC: 2025:KHC:36423 RFA No. 414 of 2008

¶2

HC-KAR

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 12^TH DAY OF SEPTEMBER, 2025

¶5

BEFORE

¶6

THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

¶7

REGULAR FIRST APPEAL NO. 414 OF 2008 (PAR)

¶8

BETWEEN:

¶9

SMT ANUSUYAMMA SINCE DEAD REP BY HER LR’S

¶10

SRI M SATYANARAYANA S/O LATE D MOHANRAM AGED ABOUT 48 YEARS

¶11

SRI M JAYAKUMAR SINCE DEAD REP BY HIS LR’S

¶12

3(A) SMT MEEN KUMARI W/OLATE SRI M JAYAKUMAR AGED ABOUT 49 YEARS

¶13

Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA

¶14

3(B) SMT LAKSHMI D/O LAE SRI M JAYAKUMAR AGED ABOUT 32 YEAR

¶15

3(C) SMT HARI PRIYA S/O LAE SRI M JAYAKUMAR AGED ABOUT 26 YEARS

¶16

3(D) SRI YUGNDHAR S/O LATE SRI M JAYAKUMAR

¶17

ALL RESIDING AT 3^RD CRSS SHIVAJI ROAD NEW KORACHARAPALYA ‘A’ STREET BLACKPALLY, CIVIL STATION, BANGALORE-560051.

¶18

…APPELLANTS

¶19

NC: 2025:KHC:36423 RFA No. 414 of 2008

¶20

¶21

HC-KAR

¶22

(BY SRI.M SATYANARAYANA AND OTHERS - NO REPRESENTATION)

¶23

AND:

¶24

SMT PARVATHAMMA W/O LATE M MANOHAR AGED ABOUT 50 YEARS

¶25

M SRINATH S/O LATE M MANOHAR AGED ABOUT 28 YEARS

¶26

M THULASI D/O LATE M MANOHAR AGED ABOUT 29 YEARS R1 TO R3 AE R/AT QUARTERS NO 2 BLOCK 11 BLACKPALLY POLICE QUARTERS BROADWAY ROAD, SHIVAJINAGAR BANGALORE 51.

¶27

SMT M MOHAN A D/O LATE M MANOHAR W/O JOHN PAUL AGED ABOUT 33 YEARS R/AT NO 4, 3 CROSS, NK PALYA SHIVAJINAGAR, BALAPPA GARDEN BANGALORE-51.

¶28

…RESPONDENTS

¶29

(BY SRI. L NARASIMHAMURTHY, AND SRI.S A SUDHINDRA, ADVOCATE FOR RESPONDENTS)

¶30

THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED:29.11.2007 PASSED IN OS.NO.8181/2000 ON THE FILE OF THE I ADDL.CITY CIVIL AND SESSIONS JUDGE, BANGALORE, CCH.NO.2, PARTLY DECREEING THE SUIT FOR PARTITION, SEPARATE POSSESSION AND MESNE PROFITS, HOLDING THAT THE PLAINTIFFS ARE TOGETHER ENTITLED TO 1/4TH SHARE AND ITS SEPARATE POSSESSION IN THE SUIT SCHEDULE PROPERTIES.

¶31

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

¶32

¶33

NC: 2025:KHC:36423 RFA No. 414 of 2008

¶34

HC-KAR

¶35

CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

¶36

ORAL JUDGMENT

¶37

This Court, on 15.02.2023, permitted the learned counsel for the appellants to retire from the case and directed the office to show the name of the appellants in the cause list.

¶38