Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 19869 (KAR)

J PARASHIVA MURTHY v. SMT HAMSA J

RFA/545/2014 · 2025-06-13

H T Narendra Prasad

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:20364 RFA No. 545 of 2014 C/W RFA No. 228 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 545 OF 2014 (DEC/POS) C/W REGULAR FIRST APPEAL NO. 228 OF 2014 (DEC/POS) IN RFA No. 545/2014 BETWEEN: J PARASHIVA MURTHY S/O LATE RAJASHEKAR AGE 63 YEARS NO. 706, 6TH MAIN ROAD VIJAYANAGAR, BANGALORE 560040. …APPELLANT (BY SRI. VARUN P., ADVOCATE) AND: SMT HAMSA J W/O T.C. MAHESH AGED ABOUT 53 YEARS NO.21, 1ST MAIN ROAD GANDHINAGAR, BANGALORE 560009. …RESPONDENT (BY SRI. N K MALLIKARJUN., ADVOCATE FOR SRI. A SAMPATH, ADVOCATE ) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 02.01.2014 PASSED IN O.S.3085/2006 ON THE FILE OF THE XIV-ADDL. CITY CIVIL JUDGE, BANGALORE CITY, DISMISSING THE SUIT FOR DECLARATION AND POSSESSION. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20364 RFA No. 545 of 2014 C/W RFA No. 228 of 2014 IN RFA NO. 228/2014 BETWEEN: J PARASHIVA MURTHY S/O LATE RAJASHEKAR J AGED ABOUT 63 YEARS RA/T NO.706, 6TH MAIN ROAD VIJAYANAGAR, BANGALORE-50 ...APPELLANT (BY SRI. VARUN P., ADVOCATE) AND: SMT J HAMSA W/O T C MAHESH AGED ABOUT 45 YEARS R/AT NO.21, I MAIN ROAD GANDHINAGAR, BANGALORE-09 ...RESPONDENT (BY SRI.MALLIKARJUN N K., ADVOCATE FOR SRI. A SAMPATH, ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED: 2.1.2014 PASSED IN O.S.NO.4323/2002 ON THE FILE OF THE XIV ADDL. CITY CIVIL JUDGE, BANGALORE, DECREEING THE SUIT FOR POSSESSION, MESNE PROFITS AND REJECTING THE RELIEF OF PERMANENT INJUNCTION. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD - 3 - HC-KAR NC: 2025:KHC:20364 RFA No. 545 of 2014 C/W RFA No. 228 of 2014 ORAL JUDGMENT The learned counsel appearing for the respondent in both the appeals submits that the sole appellant in both the appeals died on 26.08.2024 and so far no application has been filed to bring the legal representatives of the deceased appellant on record. 2. In view of the above, the appeals stand abated. In view of disposal of the appeals, all pending applications stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 26