R Chayadevi vs Smt Padma Kishore
2021 Latest Caselaw 6301 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 16TH DAY OF DECEMBER, 2021

                      BEFORE

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

               R.F.A.No.2005 OF 2018

BETWEEN:

R.CHAYADEVI
W/O LATE SHRI R.RAJARAM
AGED ABOUT 73 YEARS
R/AT NO.201, A BLOCK,
SKANDA ENCLAVE,
7TH MAIN, 6TH CROSS,
BSK 3RD STAGE, RAJEEV NAGAR,
BENGALURU-560 086                      ..APPELLANT

(BY SRI.G.B.SHARATH GOWDA &
SRI.A.DHARMESH, ADVOCATES)

AND:

1.     SMT.PADMA KISHORE
       W/O LATE R. KISHORE
       AGED ABOUT 59 YEARS
       R/AT NO.NU-403,
       4TH FLOOR,
       SHRIRAM SURABHI APARTMENTS,
       OFF KANAKAPURA ROAD,
       MALLASANDRA,
       BENGALURU-560 062
                                         RFA No. 2005/2018
                            2



2.   SMT.MADHU MANOJ
     W/O SHRI MANOJ KUMAR J
     AGED ABOUT 41 YEARS
     R/AT: NO.14/03,
     11TH CROSS,
     WILSON GARDENS,
     BENGALURU-560 027

3.   THE BRANCH MANAGER
     STATE BANK OF INDIA
     ISRO LAYOUT BRANCH
     NO.694, GNS COMPLEX,
     ISRO LAYOUT,
     BENGALURU-560 078

4.   SRI.VISHAL KISHORE
     S/O LATE R.KISHORE
     AGED ABOUT 38 YEARS
     R/AT UNIT NO.3,
     130 MAIN,
     ST.BLACK TOWN 2148
     AUSTRALIA-5800-5999                ..RESPONDENTS


     THIS RFA IS FILED UNDER SECTION 96 READ WITH
ORDER XLI RULE 1 OF CPC AGAINST THE JUDGMENT AND
DECREE      DATED     26.06.2018             PASSED   IN
O.S.NO.7229/2017, ON THE FILE OF THE III ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH
NO.25),   DECREEING   THE       SUIT   FOR    SUCCESSION
CERTIFICATE.
                                          RFA No. 2005/2018
                             3


      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 appearing through

video conference submits that since the appellant is not in

touch with her and not giving any instructions, she is

unable to proceed further in the matter and unable to

comply the office objections also.

2. A perusal of the order sheet would go to show

that in this appeal of the year 2018, several and sufficient

opportunities of not less than five times are granted to

comply the office objections. In that regard, by imposing a

cost of `500/- also, time was granted. Despite the same,

the appellant has neither complied the office objections nor

paid the cost nor even shown any convincing reasons for

non-compliance. Hence, the Appeal stands dismissed for

non-compliance of office objections.

RFA No. 2005/2018

However, the beneficiary of the cost i.e., the

Karnataka Advocates Clerks' Benevolent Trust, High Court

Buildings, Bengaluru is at liberty to enforce the said order

dated 20.04.2021 as a civil decree for its execution in the

manner known to law before the competent Court.

Registry to transmit a copy of this order to the

Karnataka Advocates Clerks' Benevolent Trust, High Court

Buildings, Bengaluru, forthwith for its information.

Sd/-

JUDGE

MBB