Sri.N.Shiva Kumar vs Smt.Uma
2021 Latest Caselaw 1298 Kant

        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 21ST DAY OF JANUARY 2021

                           BEFORE

         THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD

            REGULAR FIRST APPEAL NO. 266/2014

BETWEEN :
SRI.N.SHIVA KUMAR
S/O NANJUNDAPPA
AGED ABOUT 48 YEARS
NO.518, 16TH CROSS
SRINAGAR, BENGALURU - 560 050.
                                             ... APPELLANT
(By SRI.N. SHIVAKUMAR., ADVOCATE (ABSENT))
AND :

1.      SMT.UMA
        W/O LATE N. DHANANJAYA
        S/O LATE NANJUNDAPPA
        AGED ABOUT 54 YEARS
        NO.736, 6TH B MAIN ROAD
        SRINAGAR
        BENGALURU - 560 050.

2.      SRI N. RAJA
        S/O NANJUNDAPPA
        AGED ABOUT 52 YEARS
        NO.518, 16TH CROSS
        SRINAGAR
        BENGALURU - 560 050.
                             2



3.   SMT SIDDAMMA
     W/O T. RAMALINGAPPA
     AGED ABOUT 56 YEARS
     NO.8, 11TH LANE
     CUBBONPET
     BENGALURU - 560 002.

4.   SMT MOAKSHA
     W/O K. R. BALARAJU
     AGED ABOUT 44 YEARS
     C/O BALE ANGADI SHARADAMMA
     POLICE STATION ROAD
     KOLLEGALA TALUK
     KOLLEGALA.

5.   S. BHAWARLAL
     S/O SONARAM
     NO.332/12, II BLOCK
     BANASHANKARI I STAGE
     BENGALURU - 560 050.

6.   KUM GAYATHRI D
     AGED ABOUT 33 YEARS

7.   SRI YOGESH D
     AGED ABOUT 31 YEARS

8.   KUM VIJAYA D (MINOR)
     AGED ABOUT 28 YEARS

     ALL ARE R/A NO.736,
     6TH 'B' MAIN ROAD
     SRINAGAR
     BENGALURU - 560 050.
                                      ... RESPONDENTS

     THIS APPEAL IS FILED UNDER SECTION 96, R/W, 0-41,
RULE-1 OF CPC, AGAINST THE JUDGMENT AND DECREE
                                 3



DATED 29.10.2013 PASSED IN O.S. 6971/2007 ON THE FILE OF
THE   XXXVIII-ADDL.    CITY    CIVIL   AND   SESSIONS   JUDGE,
BENGALURU      CITY,   PARTLY    DECREEING     THE   SUIT   FOR
PARTITION AND SEPARATE POSSESSION.

      THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:



                       JUDGMENT

Perused memo of retirement dated 05.07.2017 and its

enclosure. The appellant has taken back the records from the

counsel on record along with No Objection Certificate to

engage other counsel. The appellant thereafter, as is obvious

from the records, has not taken any measures to make

alternative arrangement for his representation in the appeal.

If the appellant was diligent and keen on pursuing the

appeal, he would have made necessary alternative

arrangement, and the failure demonstrates that the appellant

is not interested in prosecuting the appeal. The question of

proper valuation has remained unaddressed all these years.

Therefore, the appeal is dismissed for default.

SD/-

JUDGE

RB