Karnataka High Court
Sri. P. Ramaiah vs Sri. A. V. Gurumurthy on 16 March, 2022
Bench: G.Narendar, M.G.S. Kamal
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF MARCH, 2022
PRESENT
THE HON'BLE MR. JUSTICE G.NARENDAR
AND
THE HON'BLE MR. JUSTICE M.G.S. KAMAL
REGULAR FIRST APPEAL NO.1975 OF 2018 (INJ)
BETWEEN:
1. SRI. P. RAMAIAH,
S/O. PAPANNA,
AGED ABOUT 66 YEARS,
RESIDING AT NO.313,
VISHVAPRIYANAGAR,
11TH CROSS, BEGUR POST,
BENGALURU SOUTH TALUK,
BENGALURU - 560 068.
2. SRI. SRINIVASA. M.,
S/O LATE MOGAPPA,
AGED ABOUT 65 YEARS,
RESIDING AT NO.310,
VISHWAPRIYA NAGARA,
80TH FEET MAIN ROAD,
10TH CROSS, BEGUR POST,
BANGALORE SOUTH TALUK,
BANGALORE - 560 068.
3. SRI. NAGARAJ M.,
AGED ABOUT 66 YEARS,
S/O LATE MOOGAPPA,
RESIDENT OF NO.770,
DODDABEGUR,
NEAR GOVT. HOSPITAL,
BANGALORE - 560 068.
2
4. SRI. VENKATESH M.,
S/O. LATE MOOGAPPA,
AGED ABOUT 50 YEARS,
RESIDING AT NO.768, DODDABEGUR,
NEAR GOVERNMENT HOSPITAL,
BANGALORE - 560 068.
5. SRI.RAMAKRISHNA M.,
S/O LATE MOOGAPPA,
AGED ABOUT 42 YEARS,
RESIDING AT NO.749, DODDABEGUR,
NEAR GOVERNMENT HOSPITAL,
BANGALORE - 560 068.
6. SMT. GOWRAMMA M.,
D/O LATE MOGAPPA,
AGED ABOUT 61 YEARS,
RESIDENT OF HANABE CHIKKANAHALLI,
DODDABALLAPURA TALUK,
BANGALORE RURAL DISTRICT - 561 203.
7. SMT. CHOUDAMMA M.,
D/O LATE MOOGAPPA,
AGED ABOUT 56 YEARS,
RESIDENT OF DODDAKAMANAHALLI,
BEGUR HOBLI, NEAR GOTTIGERE,
BANGALORE - 560 083.
8. SMT. SAVITHRAMMA M.,
D/O LATE MOOGAPPA,
AGED ABOUT 45 YEARS,
RESIDENT OF GANGENAHALLI,
BANGALORE - 562 130.
9. SRI. S. PRASHANTH KUMAR,
S/O P. RAMAIAH,
AGED ABOUT 32 YEARS,
RESIDING AT NO.313,
VISHWAPRIYA NAGAR,
11TH CROSS, BEGUR POST,
BENGALURU SOUTH TALUK,
BENGALURU - 560 068.
3
10. SMT. RAJESHWARI,
D/O P. RAMAIAH,
AGED ABOUT 34 YEARS,
RESIDING AT NO.313,
VISHWAPRIYA NAGAR,
11TH CROSS, BEGUR POST,
BENGALURU SOUTH TALUK,
BENGALURU - 560 068.
11. SRI. DEVARAJ,
S/O P. RAMAIAH,
AGED ABOUT 36 YEARS,
RESIDING AT NO.313,
VISHWAPRIYA NAGAR,
11TH CROSS, BEGUR POST,
BENGALURU SOUTH TALUK,
BENGALURU - 560 068.
12. SRI. UMESH,
S/O P. RAMAIAH,
AGED ABOUT 38 YEARS,
RESIDING AT NO.313,
VISHWAPRIYA NAGAR,
11TH CROSS, BEGUR POST,
BENGALURU SOUTH TALUK,
BENGALURU - 560 068.
... APPELLANTS
(BY SRI.G.NARAYANA RAO, ADVOCATE)
AND:
1. SRI. A. V. GURUMURTHY,
S/O LATE VENKATADASAPPA,
AGED ABOUT 68 YEARS,
RESIDING AT NO.158/29,
"SUMUKA", 3RD CROSS,
CANARA BANK COLONY,
CHIKKALASANDARA,
SUBRAMANYAPURA POST,
BENGALURU - 560 061.
4
2. SRI. SHAMAIAH,
S/O LATE PILLANNAIAH,
AGED ABOUT 78 YEARS,
RESIDING AT NO.110/37,
1ST CROSS, 1ST MAIN,
C.L. LAYOUT, DRC POST,
BANGALORE - 560 029.
3. SRI. P. LAKSHMANA,
S/O LATE PILLANNAIAH,
AGED ABOUT 66 YEARS,
RESIDENT OF NO.312/B,
V.P.NAGARA,
11TH CROSS, BEGUR POST,
BANGALORE - 560 068.
4. SRI. P. MARISWAMY,
S/O LATE PILLANNAIAH,
AGED ABOUT 62 YEARS,
RESIDING AT NO.763,
DODDABEGUR,
NEAR GOVT. HOSPITAL,
BANGALORE - 560 068.
5. SRI. P. KRISHNA @ KRISHNAPPA,
S/O LATE PAPANNA,
AGED ABOUT 54 YEARS,
RESIDING AT NO.769,
DODDABEGUR,
NEAR GOVERNMENT HOSPITAL,
BANGALORE - 560 068.
6. SRI. S. JANARDHAN,
S/O SHAMAIAH P,
AGED ABOUT 49 YEARS,
NO.110/37, 1ST CROSS, 1ST MAIN,
C.L. LAYOUT, DRC POST,
BANGALORE - 560 029.
7. SRI. S. ANIL KUMAR,
S/O SHAMAIAH P,
AGED ABOUT 49 YEARS,
5
NO.172, 2ND FLOOR,
SRI MAHALINGESHWARA LAYOUT,
HOSUR MAIN ROAD, ADUGODI,
BANGALORE - 560 020.
8. SMT. MAMATHA,
D/O SHAMAIAH P,
AGED ABOUT 47 YEARS,
R/AT NO.77/3, A TYPE,
KPWD QUARTERS,
JEEVAN BHEEMA NAGAR,
BANGALORE - 560 075.
9. SMT. MANJULA,
D/O SHAMAIAH. P,
AGED ABOUT 44 YEARS,
R/AT NO.002, 1ST FLOOR,
NIPURN ENCLAVE,
KAGGADASAPURA MAIN ROAD,
ANJANEYA TEMPLE STREET,
C.V. RAMAN NAGAR,
BANGALORE - 560 020.
10. SMT. P. KAMALAMMA,
D/O LATE PILLANNAIAH,
AGED ABOUT 74 YEARS,
RESIDENT OF HANABE CHIKKANAHALLI,
DODDABALLAPURA TALUK,
BANGALORE RURAL DISTRICT - 561 203.
11. SMT. RAMAKKA,
D/O LATE PAPANNA,
AGED ABOUT 69 YEARS,
RESIDENT OF HANABE CHIKKANAHALLI,
DODDABALLAPURA TALUK,
BANGALORE RURAL DISTRICT - 561 203.
12. SMT. P. JAYAMMA,
D/O. LATE PILLANNAIAH,
AGED ABOUT 77 YEARS,
RESIDENT OF NO.763,
DODDABEGUR,
6
NEAR GOVT. HOSPITAL,
BANGALORE - 560 068.
... RESPONDENTS
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 R/W ORDER 41 RULE 1 OF CPC., 1908 AGAINST THE
JUDGMENT AND DECREE DATED 31.05.2018 PASSED IN
OS.NO.26068/2012 ON THE FILE OF THE XXVIII ADDITIONAL
CITY CIVIL JUDGE AT MAYOHALL UNIT, BENGALURU,
DECREEING THE SUIT FOR PERMANENT INJUNCTION.
THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS
THIS DAY, G.NARENDAR J, DELIVERED THE FOLLOWING:
JUDGMENT
Case called out, there is no representation on behalf of the
appellants.
2. The appeal arises out of the suit preferred by the
first respondent praying for permanent injunction.
3. Appeal has been listed for the fourth time in order to
enable the appellants to report compliance of office objections.
Despite ample opportunities being provided to the appellants,
they have not removed the office objections. The appeal is of
the year 2018. Despite the long passage of time, the appellants
have not showed any interest in removing the office objections
and the previous orders also have not evinced any action to
abide by the same.
Accordingly, the appeal is dismissed for non-prosecution.
Sd/-
JUDGE
Sd/-
JUDGE
MKM
