Smt. Mala vs Smt. Devi
2021 Latest Caselaw 6208 Kant

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 15TH DAY OF DECEMBER, 2021

                        BEFORE

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

                 R.F.A.No.688 OF 2017

BETWEEN:

1 . SMT. MALA
    AGED ABOUT 36 YEARS,
    W/O LATE RAMESH,
2 . KUM SANDYA
    NOW AGED ABOUT 16 YEARS,
    D/O LATE RAMESH

                                          ..APPELLANTS

(BY SRI.A.S.SHYAM KOUNDINYA, ADVOCATE)

AND:

1 . SMT. DEVI
    AGED ABOUT 62 YEARS,
    D/O LATE KANTHARAJ,
    W/O C.NAGARAJU,
    RESIDING AT NO.1,
    VENKATASWAMY LAYOUT,
    OPP. BANASWADI RAILWAY STATION
    LINGARAJAPURAM EXTENSION,
    BANGALORE-560081.
2 . SMT V ANUSUYADEVI
    AGED ABOUT 60 YEARS,
    W/O LATE KANTHARAJ,
    SINCE DECEASED BY HER LRS
                                   R.F.A.No.688/2017

                       2



2(a)SMT HAMSA
AGED ABOUT 49 YEARS,
D/O LATE KANTHARAJ,
W/O SRI.R.NAGARAJ.

2(b) SMT DEVI
AGED ABOUT 62 YEARS,
D/O LATE KANTHARAJ,
W/O C.NAGARAJU,
RESIDING AT NO.1,
VENKATASWAMY LAYOUT,
OPP. BANASWADI RAILWAY STATION,
LINGARAJAPURAM EXTENSION,
BANGALORE-560081.

2(c)SRI K UMAPATHI
AGED ABOUT 53 YEARS,
S/O LATE KANTHARAJ,
RESIDING AT NO.1,
VENKATASWAMY LAYOUT,
OPP. BANASWADI RAILWAY STATION,
LINGARAJAPURAM EXTENSION,
BANGALORE-560081.

2(d)SRI PRASHANTH
AGED ABOUT 24 YEARS,
S/O LATE RAMESH,
RESIDING AT NO.1,
VENKATASWAMY LAYOUT,
OPP. BANASWADI RAILWAY STATION,
LINGARAJAPURAM EXTENSION,
BANGALORE-560081.

2(e)SRI MANOJ
AGED ABOUT 22 YEARS,
S/O LATE RAMESH,
RESIDING AT NO.1,
VENKATASWAMY LAYOUT,
                                                  R.F.A.No.688/2017

                                  3



    OPP. BANASWADI RAILWAY STATION,
    LINGARAJAPURAM EXTENSION,
    BANGALORE-560081.


                                                    ..RESPONDENTS

    THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST
THE JUDGMENT AND DECREE DATED:28.01.2017 PASSED IN
OS.NO.4288/2005 ON THE FILE OF THE XXII ADDL. CITY CIVIL
AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT
FOR PARTITION AND SEPARATE POSSESSION, MESNE PROFITS
AND PERMANENT INJUCTION.

      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 appellants neither present

physically nor through video conference. No reasons are

forthcoming for his non-appearance.

A perusal of the order sheet would go to show that, in

this appeal of the year 2017, inspite of granting several and

sufficient opportunities, the appellants have not complied the

office objections and this made, this court to pass peremptory

order on 30.01.2020 by granting three more weeks' time to the

appellants. As such, even after peremptory order, nearly for two years R.F.A.No.688/2017

office objections are not complied and even reasons are not

shown for non-compliance of the office objections. As such, by

virtue of peremptory order dated 30.01.2020, the appeal stands

dismissed for non-compliance of the office objections as well as

non-prosecution.

Sd/-

JUDGE

SBN