IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE H.P.SANDESH REGULAR FIRST APPEAL NO.1625/2015(PAR/SP) BETWEEN:
1. SRI. KESHAVAMURTHY S/O. SRI. D. GOVINDAPPA, AGED ABOUT 34 YEARS 2. SMT. CHANDARAVATHI D/O. SRI. D. GOVINDAPPA, AGED ABOUT 32 YEARS BOTH ARE R/AT GADIPALYA VILLAGE KANAKAPURA ROAD, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK.-560 082.
...APPELLANTS (BY SRI. P.V. CHANDRASHEKAR, ADVOCATE VIDE ORDER DATED 24.07.2019 APPEAL AGAINST APPELLANT No.1 STANDS ABATED) AND:
1. SRI. D. GOVINDAPPA S/O. LATE K. DASAPPA, AGED ABOUT 56 YEARS R/AT No.298/1, 3RD CROSS, GANAPATHI NAGAR, PEENYA 4TH BLOCK, BENGALURU-560 058.
2. SRI. D. NANJAPPA S/O. LATE DASAPPA, AGED ABOUT 42 YEARS R/AT GADIPALYA VILLAGE, KANAKAPURA ROAD, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK-560 082 3. SRI. SHEKAR S/O. LATE D. RAMAIAH, AGED ABOUT 31 YEARS 4. KUM. PADMA D/O. LATE D. RAMAIAH, AGED ABOUT 29 YEARS 5. SRI. JAGADEESHA S/O. LATE D. RAMAIAH, AGED ABOUT 27 YEARS RESPONDENTS NO.3 TO 5 ARE R/AT No.442, 11TH "B" CROSS, 25TH MAIN, J.P NAGAR, BENGALURU-560 078.
6. SRI. SEENA S/O. LATE D. KRISHNAPPA, AGED ABOUT 36 YEARS 7. SRI. RAJU S/O. LATE D KRISHNAPPA, SINCE DEAD BY HIS LRS 7A. SMT. KUMARI W/O. LATE RAJU, AGED ABOUT 34 YEARS 7B. DARSHAN S/O. LATE RAJU AGED ABOUT 14 YEARS 7C. BHOOMIKA D/O. LATE RAJU AGED ABOUT 12 YEARS RESPONDENT NOs.7B AND 7C ARE MINORS REPRESENTED BY THEIR MOTHER AS NATURAL GUARDIAN.
RESPONDENT NOs.7A TO 7C ARE R/AT No.249/1, 3RD CROSS, VINAYAKA NAGAR, PUTTENAHALLI, J.P. NAGAR, 6TH PHASE, BENGALURU-560 078.
8. SRI. NAGESHA S/O. LATE D. KRISHNAPPA, AGED ABOUT 32 YEARS RESPONDENT NOs.6 AND 8 ARE R/O. GADIPALYA VILLAGE, KANAKAPURA ROAD, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK-560 082.
9. SRI. K. VENKATESH S/O. LATE KATAPPA, AGED ABOUT 54 YEARS R/AT No.133, 2ND CROSS, JEEVANAHALLI, BENGALURU-560 005.
10. SRI. KANNIKARAJ S/O. LATE NATAMI CHINNAPA, AGED ABOUT 42 YEARS R/O BASAVANAPURA VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK., BENGALURU DISTRICT – 571 109 11. SRI. ARALAPPA @ MUTHAPPA S/O. LATE NATAMI CHOWRAPPA, AGED ABOUT 56 YEARS R/O BASAVANAPURA VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK BENGALURU DISTRICT – 571 109 12. SRI. FAYAZ KHAN S/O. LATE MOODI KHAN, AGED ABOUT 62 YEARS R/AT GADIPALAYA VILLAGE, THATTAGUPPE POST, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK., BENGALURU-560 082. ... RESPONDENTS (RESPONDENT NOs.1 AND 2 ARE SERVED AND UNREPRESENTED) THIS RFA IS FILED UNDER SECTION 96 OF THE CIVIL PROCEDURE CODE, 1908. AGAINST THE JUDGMENT AND DECREE DATED 22.06.2015 PASSED IN O.S.No.7862/2009 ON THE FILE OF XXXVIII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-39), BENGALURU, DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS RFA COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Learned counsel for appellant No.2 has filed memo seeking permission of this Court to withdraw this appeal on the ground that the appellant No.2 does not want to prosecute this appeal. Hence, the Appeal is dismissed as withdrawn in terms of the memo.
In view of dismissal of this appeal as withdrawn, applications in I.A. Nos.1, 2 and 3 of 2018 do not survive for consideration and the same stand disposed of.
Sd/- JUDGE sma