IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 18TH DAY OF OCTOBER, 2019 PRESENT THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA AND THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ R.F.A. No.1555/2011 (PAR) BETWEEN:
SRI KAVADICHANDA .B SUBBAIAH @ GANESH, S/O LATE BELLIAPPA, AGED 59 YEARS, R/O. KAVADI VILLAGE, VIRAJPET TALUK, S KODAGU – 571 218. ... PETITIONER (BY SMT. BHARATHI M., ADVOCATE FOR SRI VENKATESH R. BHAGAT, ADVOCATE) AND:
1. SRI KAVADICHANDA A APPAIAH @ MANU, S/O. K.A. BHEEMAIAH, MAJOR, R/O. KUMBERI VILLAGE, VIRAJPET TALUK, S KODAGU – 571 218.
2. SRI KAVADICHANDA A BHEEMAIAH S/O. LATE APPAIAH, AGED 68 YEARS, 3. SMT. K.B. MUTHAVVA W/O. K.A. BHEEMAIAH, AGED 61 YEARS, BOTH ARE R/O. HUNSUR.
4. SMT. MACHAMMA @ MEERA, W/O. C.P. THAMMAIAH, AGED 40 YEARS, R/O. KOKERI VILLAGE, CHEYYANDANE POST, KODAGU DISTRICT – 571 218.
5. SMT. MALA W/O. SHIVACHALIANA A APPAIAH, AGED 37 YEARS, R/O. NAPOKLU VILLAGE & POST, KODAGU DISTRICT – 571 214.
6. SMT. KAVADICHANDA SARASWATHAMMA, W/O. LATE K.A. MUTHAPPA AGED 65 YEARS, 7. SRI K.M. PRASANNA KUMAR S/O. LATE K.A. MUTHAPPA AGED 43 YEARS, 8. SRI K.M. THIMMAIAH S/O. LATE K.A. MUTHAPPA AGED 41 YEARS, 9. SRI K.M. ANIL KUMAR S/O. LATE K.A. MUTHAPPA AGED 39 YEARS, 10. SRI K.M. SRINIVAS S/O. LATE K.A. MUTHAPPA AGED 37 YEARS, NOS.6 TO 10 ARE R/O. KUMBERI VILLAGE, VIRAJPET TALUK, S KODAGU – 571 218. ... RESPONDENT (BY SRI YESHU MISHRA, ADVOCATE FOR R-1; R-1 TO R-4 AND R-6 TO R-10 – VIDE COURT ORDER DATED 23/04/2014 SERVICE HELD SUFFICIENT; R-5 SERVED) THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 14/06/2011 PASSED IN O.S.35/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE, VIRAJPET, DECREEING THE SUIT FOR THE PARTITION AND SEPARATE POSSESSION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:-
J U D G M E N T Learned counsel for the appellant submits that the second set of I.A.1/19 has been filed.
2. The same is taken on record.
3. Learned counsel for the appellant further submits that I.A.No.1/19 has been filed seeking disposal of the appeal as not pressed. She submits that the reasons are stated in paragraph No.4 of the affidavit filed in support of the application.
4. The same is perused.
5. For the reasons stated in paragraph No.4 of the affidavit filed in support of the application, the appeal is dismissed as not pressed.
In view of dismissal of the appeal as not pressed, I.A.No.1/11 also stands dismissed as not pressed.
Sd/- JUDGE Sd/- JUDGE S*