IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 23RD DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT RFA NO. 1708/2017 C/W RFA NO. 1709/2017 IN RFA NO. 1708/2017:
BETWEEN:
1. SMT NARYANAMMA W/O V ANJAN REDDY, AGED MAJOR, OCC:HOUSEHOLD SRI V ANJAN REDDY(DEAD) AGED MAJOR, OCC:BUSINESS, 2. A RAMACHANDRA REDDY S/O LATE V ANJAN REDDY, AGED ABOUT 69 YEARS, OCC:BUSINESS, APPELLANT NO. 1 TO 3 R/O NO.41,1ST CROSS, MALLESHWARAM BANGALORE-560 003.
APPELLANT NO.2 IS GPA HOLDER FOR APPELLANT NO.1 ... APPELLANTS (BY SMT. S SUSHEELA, SENIOR COUNSEL FOR SRI. RAGHU HULIKAL, ADVOCATE) AND:
MOOLENDRA KUMAR GANDHI (DIED PER LRS) 1. SMT URMILA GANDHI W/O MOOLENDRA KUMAR GANDHI AGED ABOUT 61 YEARS 2. SRI AMIT GANDHI S/O MOOLENDRA KUMAR GANDHI AGED ABOUT 31 YEARS, 3. DEEPIKA V JAIN D/O MOOLENDRA KUMAR GANDHI, AGED ABOUT 41 YEARS, R1 TO 3 ARE R/AT NO.501/502, 1ST CROSS, 3RD MAIN, SRINAGAR, BANGALORE-50 4. SMT BABY KUMARI GANDHI D/O SRI AMRITHLAL, AGED ABOUT 58 YEARS, ARE C/O MICRO STRIPS AVALAHALLI, TIMBER YARD LAYOUT, MYSORE ROAD, BENGALURU-560026 5. GOPILAL LADDHA S/O LATE RAMPAL, AGED 70 YEARS R/AT NO.2741, 17TH CROSS,8TH "B" MAIN ROAD, BANASHANKARI II STAGE, BENGALURU-560 070.
NOTE: SRI V ANJAN REDDY DIED DURING THE PENDENCY OF THE PROCEEDING. HENCE LRS OF SRI. V. ANJAN REDDY ALREADY ON RECORD APPELLANT NO. 1 & 2.
... RESPONDENTS (BY SRI. PARAS JAIN, ADVOCATE FOR C/R1 (A TO C), R2 TO 4) THIS RFA IS FILED UNDER SEC.96 OF CPC., R/W ORDER 21 RULE 103 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 30.6.2017 PASSED IN EX.NO.458/2007 IN O.S.NO.9077/1966 ON THE FILE OF THE VI ADDL. CITY CIVIL & SESSIONS JUDGE AT BANGALORE.
IN RFA NO. 1709/2017:
BETWEEN:
1. SMT NARAYANAMMA W/O V ANJAN REDDY AGED MAJOR OCC: HOUSEHOLD SRI V ANJAN REDDY (DEAD) AGED MAJOR OCC BUSINESS 2. A RAMACHANDRA REDDY S/O LATE V ANJAN REDDY, AGED ABOUT 69 YEARS, OCC BUSINESS, APPELLANT NO. 1 TO 3 R/O NO.41, 2ND CROSS MALLESHWARAM BANGALORE 560003.
GPA HOLDER FOR APPELLANT NO.1 (BY SMT. SUSHEELA, SENIOR COUNSEL FOR SRI. RAGHU HULIKAL, ADVOCATE) AND:
1. JINENDRA KUMAR GANDHI S/O MULCHAND GANDHI AGED ABOUT 65 YEARS, 2. SMT URMILA KUMAR GANDHI W/O MULENDRA KUMAR GANDHI AGED ABOUT 61 YEARS, ... APPELLANTS BOTH ARE R/A MICRO STRIPS, AVALAHALLI, TIMBER YARD LAYOUT, MYSORE ROAD BANGALORE 26 3. SRI P PRMACHAND S/O G PARASMAL R/OF NO.1123, GEETHA ROAD, CHAMARAJAPURAM MYSORE 570004 4. SRI G PARASMAL S/O LATE SRI GULABCHAND R/O NO.18/26, RANGA RAO ROAD, SHANKARAPURAM, BENGALURU 560004 5. SRI RAHUL S SHAH SRI RAJIV S SHAH S/O SRI SHANTHILAL C SHAH AGED MAJOR R/AT R.602, SPARTA II PRESTIGE ACROPOLIS, HOSUR MAIN ROAD, BENGALURU 6. GOPILAL LADDHA SRI VINAY MAHESHWARI S/O LATE RAMPAL RESIDING AT NO.2741, 17TH CROSS, 8TH B MAIN ROAD BANASHANKARI II STAGE BENGALURU 560070.
NOTE: SRI V ANJAN REDDY DIED DURING THE PENDENCY OF THE PROCEEDING. HENCE LRS OF SRI. V. ANJAN REDDY ALREADY ON RECORD APPELLANT NO. 1 & 2.
... RESPONDENTS (BY SRI. PARAS JAIN, ADVOCATE FOR R1 & R2) THIS RFA IS FILED UNDER SECTION 96 OF CPC., R/W ORDER 21 RULE 103 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 30.06.2017 PASSED IN EX.P.459/2007 ON THE FILE OF THE VI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, THESE APPEALS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
JUDGMENT Learned counsel for the appellants in R.F.A.No.1708/2017 and R.F.A.No.1709/2017 seeks permission to withdraw the appeals in terms of the memo with liberty to lay a challenge thereto within two days by filing the writ petition.
2. Liberty as sought for is granted subject to the condition that if the writ petition is not filed within two days, the right stands foreclosed. This order is made since the office had pointed out the inherent defect in the maintainability of the appeals on the very first day of the scrutiny and the same has not been addressed as yet as days rolled by in the interregnum; this apart, the matter was heard extensively in the connected R.F.As.
Accordingly R.F.A.No.1708/2017 and R.F.A.No.1709/2017 are dismissed as withdrawn.
Sd/- JUDGE Snb/