Karnataka High Court
Smt G S Chayadevi vs G S Suresh Kumar on 17 December, 2021
Bench: Dr.H.B.Prabhakara Sastry
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
R.F.A.No.1656 OF 2018
BETWEEN:
1. SMT.G.S. CHAYADEVI,
D/O G.R. SRIKANTAPPA,
AGED ABOUT 70 YEARS,
R/AT NO. 2066, 3RD CROSS,
MADHAVACHAR ROAD,
OLD AGRAHARA,
MYSORE-570 001.
2. SMT. G.S. ASHADEVI,
D/O G.R.SRIKANTAPPA,
W/O B.S.YEKAMBARAIAH,
AGED ABOUT 68 YEARS,
R/AT: C/O PANDURANGAIAH,
SUGAR APARTMENTS,
B '6' 2ND FLOOR, NAGALA PARK,
KOLHAPUR-416 003.
..APPELLANTS
(BY SRI.VISHNU HEGDE, ADVOCATE)
AND:
G.S. SURESH KUMAR,
SINCE DEAD BY LRS
RFA No. 1656/2018
2
1. SMT. LATHA SURESH,
W/O LATE G.S. SURESH KUMAR,
AGED ABOUT 80 YEARS,
RESIDING AT NO. 271,
14TH 'E' CROSS, 16TH MAIN,
MAHALAKSHMIPURAM,
BENGALURU-560 086.
2. SMT.G.S. HARSHITHA,
D/O LATE G.S. SURESH KUMAR,
W/O B.S.RAJASHEKAR,
AGED ABOUT 60 YEARS,
RESIDING AT NO. 47,
6TH CROSS, WILSON GARDEN,
BENGALURU-560 027.
G.R. SRIKANTAPPA
... DEAD
(LRS ARE PLAINTIFF NO.1 TO 2 (c)]
SRI G. THOTADAPPA,
S/O OF LATE G. CHANNA SOMANNA,
SINCE DECEASED BY HIS LRs.
SMT. T. N. SUSHEELAMMA,
W/O LATE G. THOTADAPPA,
AGED ABOUT 73 YEARS,
BASAVANAGUDI,
BENGALURU-560 004.
(DEAD - NO LRs).
3. G. S. RUDRESH,
S/O LATE G.S. SURESH KUMAR,
AGED ABOUT 64 YEARS,
RESIDING AT "SRI RAMA CHAITANYA"
NO: 201, GROUND FLOOR,
2ND CROSS, NAGPURA,
MUNESHWARA BLOCK,
RFA No. 1656/2018
3
MAHALAKSHMIPURAM,
BENGALURU -560 086.
ALSO AT OLD NO.50
NEW NO.50/5, 2ND MAIN,
3RD CROSS, RMC YARD,
YESHWANTHAPURA DIVISION,
NO.8, BENGALURU-560 022.
4. SMT. G.S.PRAMILADEVI,
D/O G.R. SRIKANTAPPA,
W/O M. PARAMESH,
AGED ABOUT 75 YEARS,
R/AT NO.39 (93),
1ST MAIN ROAD, CHAMARAJPET,
BENGALURU-18.
..RESPONDENTS
THIS RFA IS FILED UNDER SECTION 96 READ WITH
ORDER XLI RULE 1 OF CPC AGAINST THE JUDGMENT AND
DECREE DATED 19.04.2018 PASSED IN
O.S.NO.2769/1990, ON THE FILE OF THE XXII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU (CCH NO.7), DISMISSING THE SUIT FOR
PARTITION, DECLARATION AND PERMANENT INJUNCTION
AND ALLOWING THE COUNTER CLAIM RESPONDENT NO. 3
HEREIN.
This R.F.A. coming on for Orders, through Physical
Hearing/Video Conferencing Hearing, this day, the
Court made the following:
RFA No. 1656/2018
4
ORDER
None appeared for the appellants either physically in
the Court or through video conference. No reasons are
forthcoming for non-appearance of the learned counsel for
the appellants.
2. A perusal of the order sheet would go to show
that in this appeal of the year 2018, in spite of granting
several and sufficient opportunities of not less than four
times, the appellants have not complied the office
objections.
3. On 21.04.2021, this Court had granted a
week's time, as a last chance, after imposing a cost of
`500/- payable to the Karnataka Advocates Clerks'
Benevolent Trust and filing an acknowledgement to that
effect in the registry. Inspite of the same, the appellants
have neither complied the office objections nor paid the
cost nor even shown any reasons for their non-appearance
in this matter and also for non-compliance.
RFA No. 1656/2018
As such, the Appeal stands dismissed for non-
compliance of office objections as well for non-prosecution.
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 21.04.2021 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
