Karnataka High Court
Sri Gopal @ Gopalappa vs Sri Thimmegowda on 9 December, 2021
Bench: Dr.H.B.Prabhakara Sastry
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
R.F.A.No.1889 OF 2016
BETWEEN:
1. SRI GOPAL @ GOPALAPPA
S/O LATE CHINNAPPA @ CHINNANNA,
AGED ABOUT 76 YEARS,
R/AT NEAR VIJAY BANK LAYOUT,
IIM POST, DEVARACHIKKANAHALLI ROAD,
BILEKAHALLI VILLAGE,
BENGALURU VIJAYA BANK EMPLOYEES
HOUSING CO-OPERATIVE SOCIETY LIMITED
BENGALURU-560 076.
2. SMT.JAYAMMA
W/O GOPAL @ GOPALAPPA,
AGED ABOUT 70 YEARS,
R/AT NEAR VIJAY BANK LAYOUT, IIM POST
DEVARACHIKKANAHALI ROAD,
BILEKAHALLI VILLAGE,
BENGALURU VIJAYA BANK EMPLOYEES
HOUSING CO-OPERATIVE SOCIETY LIMITED
BENGALURU-560 076.
...APPELLANTS
(BY SRI.ERAPPA REDDY M., ADVOCATE)
AND:
1. SRI THIMMEGOWDA
S/O LATE VENKATE GOWDA,
AGED ABOUT 63 YEARS,
R/AT NO.559,
R.F.A.No.1889/2016
2
4TH CROSS, BSK 1ST STAGE,
BENGALURU-560 050.
2. SRI.T.KESHAVA MURTHY
S/O THIMMEGOWDA,
AGED ABOUT 37 YEARS,
R/AT NO.559, 4TH CROSS,
BSK 1ST STAGE, BENGALURU-560 050.
3. SMT.KAMALAMMA
W/O LATE SEENAPPA,
MAJOR BY AGE,
4. SRI RAMAKRISHNA
SINCE DEAD REPRESENTED
BY LEGAL REPRESENTATIVES,
4(a)SMT.JAYAMMA
SINCE DEAD BY HER LAKSHMAMMA
LEGAL REPRESENTATIVES 4(b) to 4(e)
4(b)SRI.R.HARISH
S/O LATE C.RAMAKRISHNA,
AGED ABOUT 21 AYEARS,
R/AT SY NO.119/2, BILEKAHALLI VILLAGE,
DEVARACHIKKANAHALLI POST,
NEAR VIJAYA BANK APARTMENTS,
BENGALURU-560 076.
4(c)R.AMMAYAMMA
D/O LATE C.RAMAKRISHNA
AGED ABOUT 24 YEARS,
R/AT SY NO.119/2, BILEKAHALLI VILLAGE,
DEVARACHIKKANAHALLI POST, NEAR VIJAYA BANK
APARTMENTS, BENGALURU-560 076
4(d) R.LAKSHMI
D/O LATE C.RAMAKRISHNA,
AGED ABOUT 22 YEARS,
R.F.A.No.1889/2016
3
R/AT SY NO.119/2, BILEKAHALLI VILLAGE,
DEVARACHIKKANAHALLI POST, NEAR VIJAYA BANK
APARTMENTS, BENGALURU-560 076
4(e)R.NAGESH
S/O LATE C.RAMAKRISHNA,
AGED ABOUT 20 YEARS,
R/AT SY NO.119/2, BILEKAHALLI VILLAGE,
DEVARACHIKKANAHALLI POST,
NEAR VIJAYA BANK APARTMENTS,
BENGALURU-560 076
5. SRI.RAVI
S/O NOT NOW THE DEFENDANTS
MAJOR BY AGE,
PROP. SHABARI BAKERY,
SY NO.119/2,
NEAR VIJAY BANK LAYOUT,
IIM POST BILEKAHALLI,
BENGALURU-560 076.
6. MR.JOHN
S/O NOT NOW THE DEFENDANTS
MAJOR BY AGE
PROP. MARIA TELE LINKS,
SY NO.119/2,
NEAR VIJAY BANK LAYOUT,
IIM POST BILEKAHALLI,
BENGALURU-560 076.
7. SRI.GUNAVANTHA
S/O NOT NOW THE DEFENDANTS,
MAJOR BY AGE
PROP. DAYANANDA HOTEL AND
MAHALAKSHMI AGENCIES,
SY NO.119/2,
NEAR VIJAY BANK LAYOUT,
IIM POST, BILEKAHALLI,
R.F.A.No.1889/2016
4
BENGALURU-560 076.
...RESPONDENTS
(BY SRI.K.K.VASANTH, ADVOCATE FOR C/R-1)
THIS R.F.A. IS FILED UNDER SECTION 96 OF THE CODE
OF CIVIL PROCEDURE, 1908, AGAINST THE JUDGMENT AND
DECREE DATED 01.09.2016 PASSED IN OS NO. 3813/2001 ON
THE FILE OF THE XXV ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, BENGALURU, DECREEING THE SUIT FOR DECLARATION
AND MANDATORY INJUNCTION.
THIS R.F.A. COMING ON FOR ORDERS, THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the parties neither appear physically
nor through video conference. No reasons are forthcoming either
for non-compliance of office objections, or for non-appearance of
learned Counsel for the appellant. Learned counsel for
appellants is yet to comply the office objections in this matter.
A perusal of the order sheet would go to show that in
this appeal of the year 2016, inspite of granting several and
sufficient opportunities, even as a last chance also, the
appellants have not complied the office objections. This
goes to show that appellants are neither interested in
R.F.A.No.1889/2016
prosecuting the matter nor complying with the office
objections. As such, appeal stands dismissed for non-
compliance of the office objections and non-prosecution.
Sd/-
JUDGE
SBN
