Sri S Karibasavanna vs Sri K Manjunatha
2021 Latest Caselaw 858 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 13TH DAY OF JANUARY, 2021

                        BEFORE

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

           REGULAR FIRST APPEAL NO.690/2012

BETWEEN:


1.     SRI S.KARIBASAVANNA
       S/O. LATE VEERABHADRAPPA @ SHIVANNA
       AGED ABOUT 53 YEARS
       RESIDENT OF SONNENAHALLI VILLAGE
       BYATHA POST, HESARAGHATTA HOBLI
       BENGALURU NORTH TALUK
       BENGALURU-89

       AND ALSO WORKING AS A FIELD MAN
       O/O DIRECTOR
       INDIAN INSTITUTE OF HORTICULTURAL
       RESEARCH, HESARAGHATTA LAKE POST
       BENGALURU-89

2.     K.NAGARAJ
       S/O. S.KARIBASAVANNA
       AGED ABOUT 21 YEARS

3.     K.ASHA
       D/O. S.KARIBASAVANNA
       AGED ABOUT 18 YEARS

       APPELLANT NOS.2 AND 3 ARE
       RESIDENTS OF SONNENAHALLI VILLAGE
       BYATHA POST, HESARAGHATTA HOBLI
       BENGALURU NORTH TALUK
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       BENGALURU-89                       ... APPELLANTS
(BY SRI P.VENKATA SHIVA REDDY, ADVOCATE-ABSENT)

AND:

SRI. K.MANJUNATHA
S/O. S.KARIBASAVANNA
AGED ABOUT 23 YEARS
C/O. S.ARADHYA
SONNENAHALLI, BYATHA POST
HESARAGHATTA HOBLI
BENGALURU NORTH TAKUK
BENGALURU-89                            ... RESPONDENT


(BY SRI P.N.RAJESHWARA, ADVOCATE-ABSENT)

     THIS REGULAR FIRST APPEAL IS FILED UNDER
SECTION 96 OF CPC. R/W ORDER 41 RULE 1 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 30.11.2011
PASSED IN O.S.NO.797/2010 ON THE FILE OF THE
PRESIDING OFFICER, FAST TRACK COURT-V, BENGALURU
RURAL DISTRICT, BENGALURU, DECREEING THE SUIT FOR
PARTITION.

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

                       JUDGMENT

This Court on 10.12.2019 has observed that none

appeared for the appellants despite matter being called

once in the morning session and next in the afternoon

session, and despite repeated opportunities, paper books

are not filed. This Court adjourned the appeal on cost of

Rs.500/- permitting the learned counsel for the appellants

to file paper books within two weeks.

Though called twice even today, once in the morning

session and another time in the afternoon session, none

appears. Neither the paper books are filed nor cost is paid.

It is obvious from the aforesaid that the concerned is not

interested in prosecuting the appeal. Therefore, the appeal

is dismissed for default.

SD/-

JUDGE

RB