IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE H.P.SANDESH REGULAR FIRST APPEAL NO.1942/2013 BETWEEN:
1. BHAVITHA M.A.
D/O. M.K. ASHWATHNARAYANA AGED ABOUT 25 YEARS.
2. BAVISHYA M.A.
D/O. M.K. ASHWATHNARAYANA AGED ABOUT 22 YEARS BOTH ARE RESIDING AT NO.3/38, MIRLE VILLAGE MIRLE HOBLI K.R. NAGAR MYSURU DISTRICT-571 602. ... APPELLANTS (BY SRI. SUNIL K.N., ADV. FOR SRI. K.R. RAMESH, ADV.) AND:
1. M.K. ASHWATHNARAYANA S/O. LATE M.S. KOTTEGOWDA AGED ABOUT 52 YEARS R/O. NO.3-38 VINOBHA ROAD MIRLE VILLAGE MIRLE HOBLI K.R. NAGAR MYSURU DISTRICT-571 602.
2. M.S. SUDHA W/O. JAGADISH AGED ABOUT 42 YEARS R/O. KUPPEBORE VILLAGE MIRLE VILLAGE MIRLE HOBLI K.R. NAGAR MYSURU DISTRICT-571 602. ... RESPONDENTS (R1 AND R2 SERVED) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 16.08.2013 PASSED IN O.S.NO.2/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, K.R.NAGAR, PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS RFA COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T The matter is listed for ’admission’ today. The notices issued to the respondents are duly served. In spite of service of notice, the respondents have not chosen to appear before this Court.
2. The present appeal is filed by the appellants/plaintiffs challenging the judgment and decree passed in O.S.No.2/2011 dated 16.08.2013 on the file of the Senior Civil Judge and J.M.F.C., K.R.Nagar with regard to the observation made in Para No.15 of the judgment to the effect that ‘the right of the plaintiffs to get 1/3rd share each in suit item No.1 depends upon the decision in O.S.256/2010, pending on the file of Civil Judge Court, K.R. Nagar.
3. Learned counsel for the appellants/plaintiffs has filed a memo dated 24.07.2019 along with a certified copy of the judgment and decree passed in O.S.No.256/2010 wherein, the suit filed by the plaintiff is decreed in part rejecting the main relief of specific performance. The Court has further directed the defendant to return the earnest amount of Rs.1,30,000/- with interest at the rate of 6% per annum.
4. In view of disposal of the suit in O.S.No.256/2010 rejecting the main relief of specific performance and the judgment of the Court below in O.S.No.2/2011, it is declared that the appellants/plaintiffs are also entitled for 1/3rd share each in respect of item No.1 of the suit schedule property, subject to the result of the suit. Hence, nothing remains for consideration by this Court.
With the above observation, the appeal is disposed of.
Sd/- JUDGE ST