IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL No.934 OF 2016 BETWEEN:
1. B.H.Muniyappa, S/o. Late Solur Hanumaiah, Aged about 71 years, Resident of No.15, Anjana Nilaya, N.H.Colony, Yeshwanthapur, Bengaluru-560022.
2. G.Hanumantharaju, S/o. Late Gangaiah, G/o. Late Chikkahanumaiah, Aged about 36 years, R/o. Narasapura Village, Kallaghatta Post, Thyamagondlu Hobli, Nelamangala Taluk, Bengaluru Rural District-562123. (By Sri. A.C.Balaraj, Advocate) AND:
1. Rangamma, W/o. Late Hanumaiah, Aged about 76 years, …Appellants 2. Rangaswamy, S/o. Late Hanumaiah, Aged about 66 years, 3. Rangayellamma, D/o. Late Hanumaiah, Aged about 64 years, 4. Puttamma, D/o. Late Hanumaiah, Aged about 62 years, 5. Rangamma, D/o. Late Hanumaiah, Aged about 60 years, 6. Rajanna, S/o. Late Hanumaiah, Aged about 56 years, 7. Krishnamurthy, S/o. Late Hanumaiah, Aged about 54 years, 8. Manjula, D/o. Late Hanumaiah, Aged about 52 years, R1 to R8 are R/o. Doddarangayanapalya, Solur Post, Magadi Taluk, Ramanagara District-562120.
9. Kambamma, W/o. Late Munihanumaiah, Aged about 56 years, 10. Hanumantharaju, S/o. Late Munihanumaiah, Grandson of Late Solur Hanumaiah, Aged about 41 years, 11. Muniswamy, S/o. Late Munihanumaiah, Grandson of Late Solur Hanumaiah, Aged about 39 years, 12. Marisiddamma, D/o. Late Munihanumaiah, Grandson of Late Solur Hanumaiah, Aged about 40 years, R9 to R12 are R/o. Baradi Village, Mandigere Post, Nelamangala Taluk, Bengaluru Rural District-562123.
13. Muniyamma, W/o. Late Arasaiah, Aged about 66 years, 14. Vasantha, D/o. Late Arasaiah, Aged about 46 years, 15. Lalitha, D/o. Late Arasaiah, Aged about 44 years, 16. Gangaraju, S/o. Late Arasaiah, Aged about 41 years, 17. Kamalamma, D/o. Late Arasaiah, Aged about 39 years, R13 to R17 are Grand Children of Late. Solur Hanumaiah, And R/o. Solur Village and Post, Beside Church, Magadi Taluk, Ramanagara District-562120.
18. Chikkamuniyamma, D/o. Late Solur Hanumaiah, W/o. Late Rangaswamaiah, Aged about 68 years, R/o. Jaipur Village, Tumkur Town, Tumkur – 572101.
19. Puttamma, D/o. Late Solur Hanumaiah, Aged about 66 years, R/o. Jaipur Village, Tumkur Town, Tumkur -572101.
20. Jayamma, D/o. Late Solur Hanumaiah, Aged about 70 years, R/o. Narasapura Village, Thyamagondalu Hobli, Kallaghata Post, Bengaluru District-562123.
21. Puttamma, D/o. Late Chikkahanumaiah, W/o. Late Gangaiah, Aged about 56 years, 22. G. Gangaraju, S/o. Late Gangaiah, Aged about 35 years, 23. Bhagya, D/o. Late Gangaiah, Aged about 34 years, 24. Pankaja, D/o. Late Gangaiah, Aged about 39 years, R21 to R24 are R/o. Narasapura Village, Kallaghatta Post, Thyamagondlu Hobli, Nelamangala Taluk, Bengaluru Rural District-562120.
... Respondents This RFA is filed under Section 96 of CPC against the judgment and decree dated 01.03.2016 passed in O.S.No.288/2014 (Old No.264/2010) on the file of the Senior Civil Judge and JMFC., Magadi, dismissing the suit for partition and separate possession.
This RFA coming on for orders this day, the Court made the following:
ORDER The appellants’ counsel seeks permission to withdraw the appeal for re-presentation of the same before the District Court. The office has raised objection with regard to maintainability of this appeal. In view of the submission made by the appellants’ counsel, Registry is directed to return the appeal memo along with certified copy of the impugned judgment to the appellants to enable them to present the same before the concerned District Court within 30 days from today.
KMV/-
Sd/- JUDGE