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Karnataka High Court

Sri Devaraju vs Smt Doddajavaramma on 6 March, 2023

Author: P.S.Dinesh Kumar

Bench: P.S.Dinesh Kumar

                                                  -1-
                                                        RFA No. 526 of 2013




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 6TH DAY OF MARCH, 2023

                                            PRESENT
                          THE HON'BLE MR JUSTICE P.S.DINESH KUMAR
                                                  AND
                            THE HON'BLE MR JUSTICE C.M. POONACHA
                         REGULAR FIRST APPEAL NO. 526 OF 2013 (PAR)
                   BETWEEN:

                   1.    SRI DEVARAJU
                         S/O LATE JAVARAYA
                         AGED ABOUT 41 YEARS
                         R/O 4TH CROSS
                         ASHOKAPURAM
                         NANJANGUD TOWN
                         MYSORE DISTRICT-571301

                   2.    SMT PADMAVATHI
                         W/O DEVARAJU
                         AGED ABOUT 30 YEARS
                         R/O 4TH CROSS
                         ASHOKAPURAM
                         NANJANGUD TOWN
                         OS MYSORE DISTRICT-571301
Digitally signed                                               ...APPELLANTS
by
NIRMALADEVI        (BY SRI. P MAHESHA ADVOCATE)
Location: HIGH
COURT OF           AND:
KARNATAKA

                   1.    SMT DODDAJAVARAMMA
                         D/O LATE SANNAPUTTAMMA
                         AGED ABOUT 58 YEARS
                         R/O SARASWATHIPURAM
                         HUNASUR TOWN
                         MYSORE DISTRICT 571412

                   2.    YALLANNA
                         S/O LATE SANNAPUTTAMMA
                         AGED ABOUT 51 YEARS
                         R/AT #46, 2ND CROSS
                             -2-
                                  RFA No. 526 of 2013




     ASHOKPURAM
     NANJANGUD TOWN 571301.

3.   MALLAPPA
     D/O LATE GIRIJAMMA
     AGED ABOUT 58 YEARS

4.   KOSAPPA
     S/O LATE GIRIJAMMA
     AGED ABOUT 51 YEARS

     3 AND 4 ARE R/A 4TH CORSS
     ASHOKAPURAM
     NANJANGUD TOWN 571301.

5.   PUTTAHANUMAMMA
     D/O LATE ANJANEYA
     AGED ABOUT 68 YEARS
     R/A #2437, 4TH CROSS
     KALIASAPURAM
     MYSORE CITY 570001

6.   CHIKKATHAYAMMA
     D/O LATE ANJANEYA
     AGED ABOUT 66 YEARS
     5TH CROSS, ASHOKAPURAM
     NANJANGUD TOWN 570001

7.   H N NAGARATHNA
     D/O LATE A HANUMAIAH
     AGED ABOUT 31 YEARS

8.   H N KAVITHA
     D/O LATE A HANUMAIAH
     AGED ABOUT 30 YEARS

9.   H N SOWMYA
     D/O LATE A HANUMAIAH
     AGED ABOUT 29 YEARS

10. H N JOTHI
    D/O LATE A HANUMAIAH
    AGED ABOUT 28 YEARS

     7 TO 10 ALL ARE R/A #46,
     2ND CROSS, ASHOKAPURAM
                                  -3-
                                                  RFA No. 526 of 2013




       NANJANGUD TOWN 571301

11. ARORAPPA
    S/O LATE THOPPAIAH
    AGED ABOUT 58 YEARS

12. CHINNAMMA
    W/O NINGAIAH
    AGED ABOUT 48 YEARS

       11 AND 12 ARE R/A #47,
       2ND CROSS
       ASHOKAPURAM
       NANJANGUD TOWN 571301

13. PARASHIVAMURTHY
    S/O LATE N SIDDAIAH
    AGED ABOUT 48 YEARS
    2ND CROSS, ASHOKAPURAM
    NANJANGUD TOWN 571301
                                             ...RESPONDENTS
(BY SRI. V B SHIVAKUMAR, ADVOCATE FOR R1-R10(ABSENT)
    R11, R12, R13 ARE SERVED AND UNREPRESENTED
    R2,R4,R5,R6 & R8 ARE EXPIRED)

     THIS RFA IS FILED U/SEC.96 OF CPC, AGAINST THE
JUDGMENT AND DECREE DATED14.12.2012 PASSED IN O.S.57/2011
ON THE FILE OF THE SENIOR CIVIL JUDGE, NANJANGUD, PARTLY
DECREEING THE SUIT FOR PARTITION.

    THIS RFA COMING ON FOR ORDERS, THIS DAY P.S. DINESH
KUMAR J., DELIVERED THE FOLLOWING:

                             JUDGMENT

Shri Mahesh, learned advocate for appellants submits that despite repeated efforts, he is not receiving any instructions.

2. Respondents No.2, 4 to 6 and 8 have passed away.

3. In the circumstance, Appeal is dismissed for non prosecution.

Sd/-

JUDGE Sd/-

JUDGE ND List No.: 1 Sl No.: 1