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RFA No. 1708 of 2015

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13^TH DAY OF OCTOBER, 2023

PRESENT

THE HON'BLE MR JUSTICE P.S.DINESH KUMAR

AND

THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA

REGULAR FIRST APPEAL NO. 1708 OF 2015 (PAR/DEC)

BETWEEN:

1.

1(A)

M/S. RELIABLE AVIA

A PARTNERSHIP FIRM

HAVING ITS OFFICE AT:

"RELIABLE PHOENIX TOWERS"

NO.16 AND 16/1, MUSEUM ROAD

BENGALURU-560 001.

REPRESENTED BY ITS

MANAGING PARTNER

SRI. RAMA REDDY

S/O SRI. A.ASHWATHNARAYANA REDDY

AGED ABOUT 41 YEARS

1(B) SRI. KIRAN. V

S/O SRI. VENUGOPAL REDDY

AGED ABOUT 38 YEARS

MANAGING PARTNER …APPELLANTS

(BY SHRI. V.B. SHIVA KUMAR, ADVOCATE)

AND:

1.

SMT. RATHNAMMA

W/O LATE NARAYANAPPA

D/O LATE CHIKKANNA @ CHIKKABANGAPPA

AGED ABOUT 57 YEARS

RESIDING AT NO.85, GORIPALYA

Digitally signed by

YASHODHA N

Location: HIGH

COURT OF

KARNATAKA

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RFA No. 1708 of 2015

BEHIND TALUK OFFICE

DEVANAHALLI TOWN-562 110.

2.

SMT. ANJANAMMA

W/O T.P. GIDDAPPA

D/O LATE CHIKKANNA @ CHIKKABANAGAPPA

AGED ABOUT 53 YEARS

RESIDING AT NO.85, GORIPALYA

BEHIND TALUK OFFICE

DEVANAHALLI TOWN-562 110.

3.

SMT. NARAYANAMMA

W/O LATE CHIKKANNA @ CHIKKABANGAPPA

AGED ABOUT 76 YEARS

RESIDING AT HOUSE NO.207/581

PRASHANTH NAGARA

DEVANAHALLI TOWN-562 110.

4.

DR. MUNIVENKATAPPA

S/O LATE CHIKKANNA @ CHIKKABANAGAPPA

AGED ABOUT 59 YEARS

RESIDING AT HOUSE NO.207/581

PRASHANTH NAGARA

DEVANAHALLI TOWN-562 110.

5.

SMT. MEERA

W/O DR. MUNIVENKATAPPA

AGED ABOUT 52 YEARS

RESIDING AT HOUSE NO.207/581

PRASHANTH NAGARA

DEVANAHALLI TOWN-562 110.

6.

SRI. NAGESH. M

S/O DR. MUNIVENKATAPPA

AGED ABOUT 30 YEARS

RESIDING AT HOUSE NO.207/581

PRASHANTH NAGARA

DEVANAHALLI TOWN-562 110.

7.

SRI. ASHWIN KUMAR. M

S/O DR. MUNIVENKATAPPA

AGED ABOUT 26 YEARS

RESIDING AT HOUSE NO.207/581

PRASHANTH NAGARA

DEVANAHALLI TOWN-562 110.

8.

PRIYANKA. M

D/O DR. MUNIVENKATAPPA

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RFA No. 1708 of 2015

AGED ABOUT 24 YEARS

RESIDING AT HOUSE NO.207/581

PRASHANTH NAGARA

DEVANAHALLI TOWN-562 110.

9.

SRI. L.P. KRISHNA REDDY

S/O SUNDAR RAMA REDDY

AGED ABOUT 54 YEARS

RESIDING AT NO.26/3049

SHANKARAN COLONY

VEDAYAPALEM, NELLUR

ANDHRA PRADESH.

10. M/S. ASTIVA PROMOTERS AND

DEVELOPERS PVT. LTD.

HAVING ITS OFFICE AT NO.30/1

DVG ROAD, BASAVANAGUDI

BENGALURU-560 004.

REPRESENTED BY ITS DIRECTOR

SRI. PRAMODKUMAR P. LAXMIN

S/O B. PRASANAIAH.

11. SRI. S.R. NAGARAJ

S/O LATE RAMAKRISHNAPPA

AGED ABOUT 48 YEARS

RESIDING AT NO.110, 3^RD MAIN

BTM, 2^ND STAGE, N.S. PALYA

BENGALURU-560 076. …RESPONDENTS

(BY SHRI. M.K. GIRISH, ADVOCATE FOR R1 AND R2;

V/O DATED 13/10/2023, APPEAL QUA R3 TO R11

IS DISMISSED AS WITHDRAWN;

R4, R5, R7 TO R9 ARE SERVED)

THIS RFA IS FILED UNDER SEC.96(1) OF CPC., AGAINST THE

JUDGMENT

AND

DECREE

DATED

16.10.2015

PASSED

IN

O.S

NO.143/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC.,

DEVANAHALLI, PARTLY DECREEING THE SUIT FOR PARTITION AND

DECLARATION.

THIS

RFA,

COMING

ON

FOR

ORDERS,

THIS

DAY,

P.S.DINESH KUMAR, J., DELIVERED THE FOLLOWING:

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NC: 2023:KHC:37847-DB

RFA No. 1708 of 2015

JUDGMENT

This appeal under Section 96 of Code of Civil

Procedure,

1908

is

filed

by

defendant

No.10

in

O.S.No.143/2011 challenging the judgment and decree

dated October 16, 2015 passed by the Senior Civil Judge &

JMFC, Devanahalli.

2. Suit is filed by respondents No.1 & 2 for partition and

it has been decreed.

3. Heard Shri. V.B.Shivakumar, learned Advocate for

the appellants and Shri. M.K.Girish, learned Advocate for

respondents No.1 & 2.

4.

Shri

A.Rama

Reddy,

Managing

Partner

of

appellant-partnership firm is present before the court and he

is

identified

by

his

advocate

Shri

V.B.Shivakumar.

Smt.Rathnamma

and

Smt.Anjanamma,

plaintif