RFA/267/2018 of NOORIE EDUCATIONAL Vs SMT L SHANTHI on 4 June 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4TH DAY OF JUNE, 2026

PRESENT

THE HON'BLE MR. JUSTICE D K SINGH

AND

THE HON'BLE MR. JUSTICE T.M.NADAF

REGULAR FIRST APPEAL NO. 267 OF 2018 (PAR)

BETWEEN:

NOORIE EDUCATIONAL

SOCIETY & GOLDEN COLLEGE

OF PHARMACY,

REP. BY ITS SECRETARY

SRI. L.S. SHAHZADHA,

S/O LATE ABDUL LATHEEF,

AGED ABOUT 58 YEARS,

S.N.M. SCHOOL ROAD,

ANDERSONPET,

K.G.F. - 563 113.

…APPELLANT

(BY SRI. ABHISHEK VAIDYA, ADVOCATE)

AND:

1.

SMT. L. SHANTHI,

W/O SRI. C. PATTABHIRAMAN,

AGED ABOUT 47 YEARS,

REPRESENTED BY HER GPA HOLDER

SRI C. PATTABHIRAMAN,

R/AT NO.4, UPSTAIRS,

18TH CROSS, LAKSHMIPURAM,

ULSOOR, BANGALORE - 560 008.

Digitally signed

by

SHARADAVANI

B

Location: High

Court of

Karnataka

HC-KAR

2.

SRI. L. VENKATESHBABU,

S/O LATE LAKSHMAIAH NAIDU,

AGED ABOUT 53 YEARS,

R/AT LAKSHMI TALKIES BUILDING,

ANDERSONPET,

K.G.F. - 563 133.

3.

SMT. LALITHA,

W/O P.V.S. VENUGOPAL,

AGED ABOUT 63 YEARS,

R/AT LAKSHMI TALKIES BUILDING,

ANDERSONPET POST,

K.G.F. - 563 113.

4.

SMT. AMARAJYOTHI,

W/O SOUNDARAJAN,

AGED ABOUT 59 YEARS,

R/AT LAKSHMI TALKIES BUILDING,

ANDERSONPET POST,

K.G.F. - 563 113.

5.

SMT. SANGEETHA,

W/O K. RAJENDRA BABU,

AGED ABOUT 52 YEARS,

R/AT LAKSHMI TALKIES BUILDING,

ANDERSONPET POST,

K.G.F. - 563 113.

6.

SMT. FRAHANA BEGUM,

W/O SRI SYED IQBAL,

AGED ABOUT 61 YEARS,

R/AT S.N.M. SCHOOL ROAD,

HC-KAR

7.

SRI. R. MATHY

THE DEFENDANT -29

SINCE DEAD BY LRS;

SMT. SARASWATHI,

W/O LATE MATHI,

AGED ABOUT 61 YEARS,

R/AT NO.53, 7TH CROSS ROAD,

OPP. NEHRU GROUND,

ROBERTSONPET,

K.G.F. - 563 113.

8.

SMT. LATHA,

D/O LATE MATHI,

AGED ABOUT 40 YEARS,

R/AT NO.53,

7TH CROSS ROAD,

OPP. NEHRU GROUND,

ROBERTSONPET,

K.G.F. - 563 113.

9.

SHRI RAJA,

S/O LATE MATHI,

AGED ABOUT 37 YEARS,

R/AT NO.53,

7TH CROSS ROAD,

OPP. NEHRU GROUND,

ROBERTSONPET,

10.

SMT. MANJULA,

D/O LATE MATHI,

AGED ABOUT 31 YEARS,

R/AT NO.53,

7TH CROSS ROAD,

HC-KAR

OPP. NEHRU GROUND,

ROBERTSONPET,

K.G.F - 563 113.

…RESPONDENTS

(BY SRI.V.B.SHIVAKUMAR, ADVOCATE FOR R1 TO R5 VIDE

ORDER DATED 30/8/18;

R6, R7, R8, R9 AND R10 ARE SERVED AND

UNREPRESENTED)

THIS RFA IS FILED UNDER SEC.96(1) OF THE CPC., AGAINST THE JUDGMENT AND DECREE DATED 05.12.2013

PASSED IN OS.NO.26/1993 ON THE FILE OF THE PRINCIPAL

SENIOR CIVIL JUDGE, AT K.G.F., DECREEING THE SUIT FOR

PARTITION AND SEPARATE POSSESSION AND MESNE PROFITS.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH

and

HON'BLE MR. JUSTICE T.M.NADAF