Karnataka High Court
Smt. Mangala vs Sri. H. Chandrahasa on 20 December, 2021
Bench: Dr.H.B.Prabhakara Sastry
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
REGULAR FIRST APPEAL No.1898 OF 2018
BETWEEN:
1. SMT.MANGALA,
W/O MR.N.NAGARAJU,
D/O CHANDRAHASA,
AGED 52 YEARS,
RESIDING AT DOOR NO.1585,
KATTARI PALYA MAIN ROAD,
KOLAR - 563101.
2. SMT.NAGAMMA @ NAGMA SHANKAR,
W/O MR.REDDY SHANKAR BABU,
D/O CHANDRAHASA,
AGED 43 YEARS,
RESIDING AT BUNGALOW NO.6,
IDES OFFICERS COLONY,
BEHIND DILKUSH POST OFFICE,
LUCKNOW CANTT,
SUBHASH MARG - 226002.
3. SMT.RAJESHWARI,
W/O MR.SHASHIDHARA K.S,
D/O CHANDRAHASA,
AGED 41 YEARS,
RESIDING AT KALLUSADARAHALLI,
ARSIKERE TALUK,
HASSAN DISTRICT.
RFA No. 1898/2018
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4. SMT.JAMUNA DEVARPALLI,
W/O MR.PRASHANT DEVARPALLI,
D/O CHANDRAHASA,
AGED 41 YEARS,
RESIDING AT DOOR NO.10-4-25/45,
KIRLAMPUDI ARCADE APARTMENT,
ASLIMETTA, VISAKHAPATNAM-530003,
ANDHRA PRADESH.
THE APPELLANT NO.1, 2 AND 4 ARE
REPRESENTED BY THE GENERAL
POWER OF ATTORNEY HOLDER THE
APPELLANT NO.3 SMT.RAJESHWARI. ...APPELLANTS
(BY SRI C.S.DWARAKANATH, ADVOCATE FOR
SMT.A MANJULA, ADVOCATE - ABSENT)
AND:
1. SRI H CHANDRAHASA,
S/O LATE PATADI HANUMANTHAPPA,
AGED ABOUT 75 YEARS.
2. SRI GANGADHARA,
S/O SRI CHANDRAHASA,
AGED ABOUT 52 YEARS.
3. SRI VENKATESHA
S/O SRI CHANDRAHASA,
AGED ABOUT 50 YEARS.
4. SMT.JAYALAKSHAMMA,
W/O SRI CHANDRAHASA,
AGED ABOUT 70 YEARS.
LATE SRI KRISHNAPPA,
LATE PATADI HANUMANTHAPPA,
SINCE DECEASED BY HIS LRS
RFA No. 1898/2018
3
5. SRI GANGADHAMRA,
S/O LATE SRI KRISHNAPPA,
AGED ABOUT 50 YEARS.
6. SRI GOVINDAIAH,
S/O LATE SRI KRISHNAPPA,
AGED ABOUT 47 YEARS.
LATE SRI H.MUNILAKSHMAIAH,
LATE PATADI HANUMANTHAPPA,
SINCE DECEASED BY HIS LRS
7. SMT.RANGAMMA,
W/O LATE H MUNILAKSHMAIAH,
AGED ABOUT 75 YEARS.
8. SRI MANJUNATHA,
S/O LATE H MUNILAKSHMAIAH,
AGED ABOUT 50 YEARS.
9. SRI KODANDA,
S/O LATE H MUNILAKSHMAIAH,
AGED ABOUT 46 YEARS.
10. SRI JAYARAM,
S/O LATE H MUNILAKSHMAIAH,
AGED ABOUT 45 YEARS.
LATE SRI VASAPPA,
LATE PATADI HANUMNTHAPPA,
SINCE DECEASED BY HIS LRS
11. SMT.LAKSHMAMMA,
W/O LATE VASAPPA,
AGED ABOUT 75 YEARS.
RFA No. 1898/2018
4
12. SRI MANJU,
S/O LATE VASAPPA,
AGED ABOUT 48 YEARS.
13. SMT.GOWRAMMA,
D/O LATE VASAPPA,
AGED ABOUT 40 YEARS.
LATE SRI H PAPANNA @ MUNIYAPPA,
LATE PATADI HANUMANTHAPPA,
SINCE DECEASED BY HIS LRS
LATE SMT. AMMYAMMA,
W/O LATE SRI H PAPANNA @ MUNIYAPPA,
SINCE DECEASED BY HER LRS.
14. SRI RAMESH S.P,
S/O LATE SRI H PAPANNA @ MUNIYAPPA,
AGED ABOUT 52 YEARS.
ALL ARE RESIDING AT NO.22/24,
OPP ST PHILOMENA HOSPITAL,
NAGAWARA, BANGALORE - 45.
15. SRI C.M.IBRAHIM,
S/O C.M.K. ALI,
AGED MAJOR,
PRESIDENT,
KARNATAKA STATE MUSLIM FEDERATION,
NO.6/1, STATION ROAD,
BANGALORE - 560051. ..RESPONDENTS
THIS RFA IS FILED UNDER SECTION 96 OF THE
CPC, AGAINST THE JUDGMENT AND DECREE DATED
01.09.2018 PASSED IN O.S.NO.4606/2012 ON THE FILE
RFA No. 1898/2018
5
OF THE XLIII ADDL. CITY CIVIL AND SESSIONS JUDGE,
BANGALORE, REJECTING THE PLAINT UNDER ORDER VII
RULE 11(b) OF CPC.
THIS R.F.A. COMING ON FOR ORDERS, THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
None appeared in this matter either physically or
through video conference.
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 five
times, the appellants have not complied the office
objections.
3. In February-2021 itself, opportunities as finally
and as a last chance were all given. Thereafter, once
again, an adjournment was given enabling the learned
counsel for the appellants to get time to comply the office
RFA No. 1898/2018
objections, despite which, the appellants have not
complied the office objections. No reasons are
forthcoming for non-compliance of office objections or
even for non-appearance of the learned counsel for the
appellants.
As such, the Appeal stands dismissed for
non-compliance of office objections as well for
non-prosecution.
Sd/-
JUDGE
MBB
