Smt Kusuma vs Sri K Babu

Citation : 2023 Latest Caselaw 1298 Kant
Judgement Date : 14 February, 2023

Karnataka High Court
Smt Kusuma vs Sri K Babu on 14 February, 2023
Bench: H.P.Sandesh
                                              -1-
                                                          RSA No. 307 of 2020




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 14TH DAY OF FEBRUARY, 2023

                                           BEFORE

                              THE HON'BLE MR JUSTICE H.P.SANDESH

                           REGULAR SECOND APPEAL NO.307 OF 2020

                   BETWEEN:

                   SMT. KUSUMA,
                   W/O P. NARAYANA SALIAN,
                   AGED ABOUT 59 YEARS,
                   RESIDING AT SHANKARA SHETTY COMPOUND,
                   AMBIKA ROAD, POST KOTEKAR,
                   MANGALURU TALUK.
                                                                ...APPELLANT

                                 (BY SRI SRIDHAR H, ADVOCATE)

                   AND:

                   1.   SRI K. BABU,
                        AGED ABOUT 62 YEARS,
                        S/O LATE KANTHUMOOLYA,
Digitally signed
by SHARANYA T           RESIDING AT KALLAGUNDI HOUSE,
Location: HIGH          KANNERTHOTA, KOLLYA,
COURT OF                KOTEKAR POST, SOMESHWARA VILLAGE,
KARNATAKA
                        MANGALURU TALUK, D.K. DISTRICT.

                   2.   SMT. SHASHIKALA,
                        ADULT,
                        W/O SRI SHIVARAMA,
                        C/O ANANTHA MASTER,
                        PUTHIGE HOUSE, PUTHIGE POST,
                        VIA KUMBLA, KASARAGOD TALUK,
                        KERALA.

                   3.   SMT. BABY,
                        ADULT,
                        W/O SRI BALAKRISHNA D. BANGERA,
                        R/AT VANDANA SMRITHI BUILDING,
                              -2-
                                      RSA No. 307 of 2020




     III FLOOR, ROOM NO.23,
     NEAR OPEM DEVI MANDIR,
     OLD DOMBIVILI (WEST),
     MAHARASHTRA STATE-421202.

4.   SRI SANTOSH,
     ADULT,
     S/O SRI RAMA MOOLYA,
     R/AT VANDANA SMRITHI BUILDING,
     III FLOOR, ROOM NO.23,
     NEAR OPEM DEVI MANDIR,
     OLD DOMBIVILI (WEST),
     MAHARASHTRA STATE-421202.

5.   SRI PRAVEEN,
     ADULT,
     S/O LATE RAMA MOOLYA.

6.   SRI VITTALA,
     ADULT,
     S/O LATE RAMA MOOLYA.

7.   SRI YASHAWANTHA,
     ADULT,
     S/O LATE RAMA MOOLYA.

8.   SMT. VIJAYALAXMI,
     ADULT,
     S/O LATE RAMA MOOLYA.

     R5 TO R8 ARE RESIDING AT
     KONDANAGUNDI HOUSE
     KOTEKAR POST, MANGALURU.
                                        ...RESPONDENTS

     THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC
PRAYING TO SET ASIDE THE JUDGMENT AND DECREE
PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE
AND CJM AT MANGALURU IN R.A.NO.150/2013 DATED
07.02.2017 AND CONFIRM THE JUDGMENT AND DECREE
PASSED BY THE LEARNED II ADDITIONAL CIVIL JDUGE AND
JMFC    AT    MANGALURU     DATED   31.07.2013   IN
O.S.NO.907/2008.
                             -3-
                                        RSA No. 307 of 2020




    THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                         JUDGMENT

This appeal was filed in the year 2020 and this Court vide order dated 30.01.2023, granted two weeks time to comply with the office objections, failing which to list the matter for dismissal. Inspite of the same, till date the office objections are not complied with. Hence, the appeal is dismissed for non-compliance of office objections.

Sd/-

JUDGE MD List No.: 2 Sl No.: 15