1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF JANUARY, 2023

BEFORE

THE HON'BLE MR. JUSTICE V. SRISHANANDA

R.F.A.NO.84/2004(PAR)

BETWEEN

1.

B SURESH

S/O C B BHEEMASENA

SINCE DECEASED BY LRS.,

1(a) SMT.VIJAYAKUMARI

W/O LATE B.SURESH

AGED ABOUT 39 YEARS

R/AT NO.46/2, 80 FEET ROAD,

RAJAJINAGAR,

BANGALORE 10

2.

B MAHESH

S/O C B BEEMASENA

AGED ABOUT 31 YEARS,

BOTH ARE RESIDING AT

NO.46/2, 80 FT., ROAD,

RAJAJINAGAR,

BANGALORE - 10

...APPELLANTS

(BY SRI T SESHAGIRI RAO, ADVOCATE)

AND

1 .

C B BHEEMASENA

S/O BEERA LINGAIAH

2

MAJOR,

R/AT SOLUR HOBLI,

MAGADI TQ.,

BANGALORE DISTRICT.

2 .

MUNITHIMMAKKA @ THIMMAKKA

W/O MUNIYAPPA

AGED ABOUT 52 YEARS,

R/AT NO.61, I BLOCK,

KATHARARANAHYALLI,

RAJAJINAGAR,

BANGALORE -10

…RESPONDENTS

(BY SRI ANANDA RAJU, ADVOCATE FOR R1;

SRI ASHOK B. PATIL, ADVOCATE FOR R2)

THIS RFA IS FILED UNDER ORDER 41 R1 OF CPC

R/W S 96 OF CPC AGAINST THE JUDGMENT AND DECREE

DATED : 26.8.2003 PASSED IN O.S.NO.7319/1994 ON THE

FILE OF THE XX ADDL.CITY CIVIL JUDGE, BANGALORE

CITY (CCH.NO.32), PARTLY DECREEING THE SUIT FOR

PARTITION

&

SEPERATE

POSSESSION

AND

MESNE

PROFITS.

THIS APPEAL HA