1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
R.F.A No.11/2013
BETWEEN:
Sri RAJANNA,
S/o late Sri Gangappa,
Aged about 59 years,
Residing at No.7/1 & 7/1-1
Channakrisnappa Lane
Palace Guttahalli
Bangalore – 560 003 …Appellant
A N D:
1. Sri MUTHURAYA
S/o Late Sri Gangappa
Aged about 65 Years
2. SMT. SUNANDA
W/o Sri Muthuraya
Aged about 62 years
SRI GANGAPPA (DEAD)
S/o Sri Balaiah
SMT MUNIYAMMA (DEAD)
W/o late Sri Gangappa
(Represented by their children namely Plaintiff & Defendant No.1
& 12)
Then Both residence of No.7,
Channakrishnappa Lane,
Palace Guttahalli,
Bangalore - 560 003
3. Sri DATTATHREYA HEGDE,
Fathers name not known
Major
Engineer in Kirloskar
R/o No.7, 1st Floor,
Channakrishnappa Street,
Palace Guttahalli,
Bangalore - 560 003
2
4. SRI SHIBASWAMY,
Fathers name not known
Major
Engineer in Kirloskar
R/o No.7, 1st Floor,
Channakrishnappa Street,
Palace Guttahalli,
Bangalore - 560 003
5. SRI RAMA CHANDRA
Fathers name not known
Major
Engineer in Kirloskar
R/o No.7, 2nd Floor,
Channakrishnappa Street,
Palace Guttahalli,
Bangalore - 560 003
6. NETHADRI
Fathers name not known
Major
Engineer in Kirloskar
R/o No.7, 2nd Floor,
Channakrishnappa Street,
Palace Guttahalli,
Bangalore - 560 003
7. MR. VARGHESE
Fathers name not known
Major
Engineer in Kirloskar
R/o No.55, 1st Main Road,
Palace Guttahalli,
Bangalore - 560 003
As Per the trail court
Order D-10 & D-11 are deleted
8. SRI G. NAGARAJU
S/o Late Sri Gangappa
Aged about 56 Years
R/o No.7/1 & 7/1-1,
Channakrishnappa Lane,
Palace Guttahalli,
Bangalore - 560 003 …Respondents
(This respondent was the plaintiff no.2 subsequently transposed
as defendant no.12)
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APPLICATION UNDER ORDER XXII RULE 3 READ WITH
ORDER XXII RULE 9 OF THE CODE OF CIVIL PROCEDURE
READ WITH SECTION 5 OF THE INDIAN LIMITATION ACT
READ WITH SECTION 151 OF THE CODE OF CIVIL
PROCEDURE
That for the reasons sworn to in the accompanying
affidavit, the Hon’ble Court may be pleased to permit the
proposed legal representative to come on record as proposed
legal representatives Sri R. Prasanna Kumar and other childrens
of deceased appellant as proposed legal representative Kavitha.R
and R. Pramod Kumar on record and also to set-aside the
abetment against Appellant, and to condone the delay of ___
days in filing this application in the above appeal, in the interest
of justice.
PROPOSED LEGAL REPRESENTATIVES OF DECEASED SRI
RAJANNA:
SRI RAJANNA
Since, deceased by his Legal Representatives.
1(a) SRI [Link] KUMAR
S/o Late Sri Rajanna,
Aged about 48 years
R/o 7/1-1,
Channakrishnappa Street,
[Link]
Bengaluru – 560 003
1(b) SMT KAVITHA.R
S/o Late Sri Rajanna,
Aged about 39 years
R/o # U-2, 10th Cross,
Yellappa Garden,
Malleshwaram
Bengaluru - 560 003
1(c) SRI [Link] KUMMAR
S/o Late Sri Rajanna,
4
Aged about 43 years
R/o #7/1-1,
Channakrishnappa Street,
[Link]
Bengaluru – 560 003
Place: Bangalore
Date: 19/03/2024 ADVOCATE FOR APPELLANT
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
R.F.A No.11/2013
BETWEEN:
SRI RAJANNA (since dead)
By his LRS …APPEALLANT
A N D:
SRI MUTHURAYA
AND OTHERS …RESPONDENTS
AFFIDAVIT
I, Sri [Link] Kumar S/o late Rajanna, aged about 48
years R/o 7/1-1, Channakrishnappa Street, [Link] Bangalore,
do hereby solemnly affirm and state on oath as follows:
1. I am the 1st son of the deceased Appellant Sri Rajanna, I
know the facts of the case hence I am swearing to this affidavit.
2. I submit that my father/appellant herein have filed this
instant appeal challenging the judgment and decree passed by
the 1st Additional City Civil & Sessions Judge, Bangalore city
(CCH-2) in Dismissing the suit for partition and separate
possession. During the pendency of the appeal, my
father/appellant died on 21/05/2022. I could not bring this fact
to my advocate’s attention immediately due to not being aware
about the pendency of this appeal. In the meantime, this Hon’ble
Court has dismissed the appeal as abated on the ground that no
steps were taken to bring the legal representatives on record.
Thereafter, my advocate has tried to reach us out through
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various sources and I finally came to know about the instant case
in the month of in the month of November 2023. Pursuant to
which, I have immediately taken steps to collate all the
necessary documents and details in order to file the instant
application.
3. Deceased Sri Rajanna left three children. Out of three
children, I am the first son Sri [Link] Kumar. Therefore it is
just, proper and necessary to bring me Sri [Link] Kumar as
legal representative of the of the deceased appellant and other
two children namely Smt. Kavitha R and Sri [Link] Kumar on
record as 1(b) & 1(c) legal representatives respectively, for
proper adjudication of the case.
4. I state that, I wasn’t aware of the pendency of this appeal,
therefore I could not file the necessary application to come on
record as legal representative at an earlier point of time. Due to
which I have committed some delay in filing the application.
Furthermore, the instant appeal has been dismissed as abated as
no parties were on record to prosecute the appeal.
5. Also on 06/01/2024 my advocate had filed the same as this
instant application but the same was not pursued because we
were unable to secure the signature of my other siblings and
same was dismissed not pressed with liberty to file a fresh
application by the order of this Hon’ble court, hence this
application.
6. The above reason is bonafide; therefore, it is just proper
and necessary to allow the application in the interest of justice
and equity. If the application is not allowed, I will suffer
irreparable loss and injury. On the other hand, no hardship
would be caused to the respondents.
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WHEREFORE, this Hon’ble court may kindly be pleased to
allow bringing on record the Legal Representatives of the
deceased appellant, set aside abetment against the appellant and
condone the delay of ____ days in the interest of justice and
equity.
I do hereby declare that what is stated above is true and
correct to the best of my knowledge, belief and information.
Identified by me
DEPONENT
ADVOCATE
Bangalore
Date: 19/03/2024
No. of Corrections:
8
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
R.F.A No.11/2013
BETWEEN:
SRI RAJANNA (since dead)
By his LRS …APPEALLANT
A N D:
SRI MUTHURAYA
AND OTHERS …RESPONDENTS
APPLICATION UNDER ORDER XLI RULE 19 READ WITH
SECTION 151 OF OF CODE OF CIVIL PROCEDURE
That for the reasons sworn to in the accompanying
affidavit, the Hon’ble Court may kindly be pleased restore the
above appeal in the interest of justice.
PLACE : BANGALORE
DATE : 19/03/2024 ADVOCATE FOR APPELLANT
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
R.F.A No.11/2013
BETWEEN:
SRI RAJANNA (since dead)
By his LRS …APPEALLANT
A N D:
SRI MUTHURAYA
AND OTHERS …RESPONDENTS
AFFIDAVIT
I, Sri [Link] Kumar S/o late Rajanna, aged about 48 years
R/o 7/1-1, Channakrishnappa Street, [Link] Bangalore, do
hereby solemnly affirm and state on oath as follows:
1. I am the 1st son of the deceased Appellant Sri Rajanna, I
know the facts of the case hence I am swearing to this affidavit.
2. I submit that, I was not aware that this instant appeal was
ongoing. Due to me being unaware of this appeal’s proceedings i
was not able to contact our advocate and inform him about our
father ‘Sri Rajanna’ unfortunate demise.
3. Given the circumstances, the case was dismissed because
our advocate was not able to take steps for proper adjudication
of this instant appeal.
4. Upon learning about this instant appeal, I promptly
approached our advocate, apprised them of the situation and
explained the ordeal.
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5. Hence, I kindly request for restoration of this appeal from
this Hon’ble court.
WHEREFORE, in light of these events the Hon’ble court
may kindly be pleased to restore the instant appeal in the
interest of justice and equity.
Place: Bangalore
Date: 19/03/2024 ADVOCATE FOR APPELLANT
