Ninga vs Jayeshkumar Shah
2021 Latest Caselaw 4803 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 25TH DAY OF NOVEMBER, 2021

                        BEFORE

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

       REGULAR FIRST APPEAL No. 2339 OF 2019

BETWEEN:

1.     NINGA
       S/O LATE JAVARA SHETTY,
       AGED ABOUT 62 YEARS,
       R/AT VAJAMANGALA VILLAGE,
       VARUNA HOBLI, MYSURU TALUK,
       MYSURU.

2.     SMT. NINGAMMA
       W/O PAPANNA SHETTY,
       AGED ABOUT 54 YEARS,
       D/O LATE JAVARASHETTY,
       R/AT HONNENAHALLI VILLAGE,
       NAGAMANGALA TALUK,
       MANDYA DISTRICT.
                                     ... APPELLANTS
(BY SRINIVAS.V., ADVOCATE)

AND:

1.     JAYESHKUMAR SHAH,
       S/O A.G.SHAH,
       AGED ABOUT 54 YEARS,
       R/AT NO. 38/2, 2ND CROSS,
       THIYOBALD ROAD,
                                  RFA No. 2339/2019
                         2


     NAZARBAD MOHALLA,
     MYSORE-570 010.

2.   JITHENDAR KUMAR,
     S/O LATE JAVERI LAL,
     AGED ABOUT 47 YEARS,
     R/AT NO. 290, SAN MARGA,
     SIDDARTHA NAGAR,
     MYSORE.

3.   JAVARAYA SHETTY,
     S/O LATE JAVARAYA SHETTY,
     AGED ABOUT 56 YEARS,
     R/AT YAJAMANGALA VILLAGE,
     VARUNA HOBLI,
     MYSURU TALUK,
     MYSURU.

4.   NAGARATHNAMMA,
     W/O LATE MADEVA,
     AGED ABOUT 50 YEARS,

5.   SUKANYA.M.
     D/O LATE MADEVA,
     AGED ABOUT 32 YEARS,

6.   BHAVAN KUMAR.M.
     S/O LATE MADEVA,
     AGED ABOUT 30 YEARS,

7.   GIRISH.M.
     S/O LATE MADEVA,
     AGED ABOUT 27 YEARS,

RESPONDENT NO.4 TO 7 ARE
R/AT NO. 490,
VIVEKANANDA NAGARA,
BEHIND SENT MERIS CONVENT
                                       RFA No. 2339/2019
                           3


WARD NO. 06, T. NARASIPURA TOWN,
MYSURU DISTRICT-571 424.

8.    SMT. HAROTHAMMA,
      W/O LATE JAVARASHETTY,
      AGED ABOUT 74 YEARS,
      R/AT VAJAMANGALA VILLAGE,
      VARUNA HOBLI,
      MYSURU TALUK.

9.    DYAVASHETTY,
      S/O LATE JAVARASHETTY,
      AGED ABOUT 72 YEARS,
      R/AT VAJAMANGALA VILLAGE,
      VARUNA HOBLI,
      MYSURU TALUK.

10.   YOGESHA.A.SHAH,
      S/O LATE AMRITHLAL.G.SHAH,
      AGED ABOUT 65 YEARS,
      R/AT NO.38/2, 2ND CROSS,
      THEOBALD ROAD,
      NAZARBAD MOHALLA,
      MYSURU-570 010.
                                      ...RESPONDENTS

      THIS    REGULAR FIRST APPEAL IS FILED UNDER
SECTION 96 OF CPC PRAYING TO SET ASIDE THE
JUDGMENT       AND      DECREE    DATED          19.10.2019
PASSED   IN   O.S.NO.460/2010    ON   THE    FILE    OF   I
ADDITIONAL     SENIOR    CIVIL   JUDGE      AT    MYSURU,
DISMISSING THE SUIT FOR PARTITION AND SEPARATE
POSSESSION AND ETC.,
                                           RFA No. 2339/2019
                             4



      THIS        REGULAR        FIRST   APPEAL    COMING
ON FOR ORDERS THROUGH VIDEO CONFERENCING /
PHYSICAL HEARING THIS DAY, THE COURT MADE THE
FOLLOWING:
                          ORDER

None appeared for the appellants in the matter

either physically 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 this appeal is of the year 2019. Even though the

appeal was admitted as long back as on 03.03.2021, but

till date, the appellants have not paid the process fee and

furnished copies in the registry to ensure service of notice

upon the respondents. Thereafter, the matter came up

twice before the Court. Even on those dates also, the

appellants have not paid the process fee. This clearly go to

show that the appellants are not evincing any interest in RFA No. 2339/2019

prosecuting the matter and to make payment of the

process fee.

As such, the Appeal stands dismissed for not taking

steps and also for non-prosecution.

Sd/-

JUDGE

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