Smt A Sumithra vs Nagarathnamma
2021 Latest Caselaw 5944 Kant

   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 10TH DAY OF DECEMBER, 2021

                            BEFORE

   THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY

                  R.F.A.No.240 OF 2017

BETWEEN:

SMT A SUMITHRA
W/O. L. CHANDRASHEKAR,
D/O. LATE. APPAJI B.,
AGED ABOUT 38 YEARS,
R/AT NO. 97/7, 7TH CROSS,
VIDHYAPEETA ROAD,
KENGERI, BANGALORE - 560 060.        ...APPELLANT


(BY SRI GIRISHA C M., & M.S.REVANNA, ADVOCATES)

AND:

1 . NAGARATHNAMMA
W/O. SIDDEGOWDA,
AGED ABOUT 46 YEARS,
R/AT NO. 97/7, 7TH CROSS,
VIDHYAPEETA ROAD, KENGERI,
BANGALORE - 560 060.

2 . SMT. SARVAMANGALA @ KEMPAMMA
W/O. LATE. NAGARAJA,
AGED ABOUT 39 YEARS,

3 . KAVYA
D/O. LATE. SRI. NAGARAJA,
AGED ABOUT 19 YEARS,
                                               R.F.A.No.240/2017

                                2



4 . SRI JAYANTH
D/O. LATE. NAGARAJA,
AGED ABOUT 17 YEARS,
(SINCE MINOR, REPRSENTED BY
HIS MOTHER/NATURAL GUARDIAN,
RESPONDENT NO.2
SMT. SARVAMANGALA @ KEMPAMMA

RESPONDENT NOS. 2 TO 4 ARE
R/AT NO. 30, AYYANNASHETTY LAYOUT,
3RD-B-STREET, NEAR KAVIKA FACTORY,
BYATARAYANAPURA,
MYSORE ROAD,
BANGALORE - 560 026.               ...RESPONDENTS

(BY SRI NANJUNDARADHYA B.G., ADVOCATE FOR R-2 TO 4)

      THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI
RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED
4.11.2016 PASSED IN OS NO.4845/2010 ON THE FILE OF THE
42ND ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU
DECREEING THE SUIT FOR PARTITION AND DECLARATION.

      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 appellant neither present

physically nor through video conference. No reasons are

forthcoming for his non-appearance.

R.F.A.No.240/2017

Inspite of granting several and sufficient opportunities, the

appellant has not filed paper books.

On 26.11.2021, this court has made the following

observation:

None appeared for the appellant either physically or through video conference.

Inspite of granting several and sufficient opportunities, even as a final opportunity, the appellant has not filed the paper book. As such, though the appeal could not have been dismissed for non-filing of paper book as well as for non- prosecution, however, in the best interest of justice, as an ultimate chance, ten days time is granted to the appellant, making it clear that in case if the paper book is not filed within the said period, the Court may proceed to pass appropriate order including the dismissal of the appeal for non-filing of paper book.

In case, if the paper book is not filed by the appellant within the said period, registry to list this matter on 10.12.2021.

Inspite of the above, the appellant neither filed the paper

book nor shown any reason for non-filing of paper book and not

even taken steps for issuance of notice to respondent No.1, as

such, appeal against respondent No.1 stands dismissed for not

taking steps.

R.F.A.No.240/2017

Appeal stands dismissed for non filing of paper book and

for non-prosecution.

Sd/-

JUDGE

SBN