Shivaprasad vs Vijayalakshmi
2022 Latest Caselaw 5397 Kant

                           1




     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 12TH DAY OF APRIL, 2016

                        BEFORE

     THE HON'BLE MR. JUSTICE A.N.VENUGOPALA GOWDA

         REGULAR SECOND APPEAL NO.1122/2015


BETWEEN:

SHIVAPRASAD
SINCE DEACEASED BY L.Rs.

1.   SMT. SAVITHRI,
     W/O. LATE SHIVAPRASAD
     AGED ABOUT 53 YEARS.

2.   NAGADEEPA
     S/O LATE SHIVAPRASAD,
     AGED ABOUT 29 YEARS,

     APPELLANT NOS.1 AND 2 ARE
     R/AT BHARATO STREET,
     SHRINGERI,
     CHICKMAGALURU DISTRICT.

3.   SMT. PADMASHREE
     D/O LATE SHIVAPRASAD,
     W/O CHETHAN G.,
     AGED ABOUT 21 YEARS,
     NO.25, 2ND MAIN
     2ND STAGE, BRINDAVAN EXTN.,
     MYSORE.
                                        ... APPELLANTS
(BY SRI SANGAMESH R.B., ADV.)
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AND

1.    VIJAYALAKSHMI
      W/O. PRABHAKAR SHETTY,
      AGE:MAJOR,
      C/O. VIJAYA PRABHA TRADERS,
      MARKET ROAD, SAGARA,
      SHIMOGA DISTRICT.

2.    SMT. PRABHAMANI ALIAS SUJATH
      SINCE DEAD BY L.Rs.

      a)   SMT. DEEPASHREE SHETTER,
           W/O. R.V. SHETTAR,
           AGED ABOUT 38 YEARS,
           C/O. B.C.KEERTHI ATHIGERI,
           2ND CROSS, LINGARAJANAGAR NORTH
           HUBLI - 31.

      b)   N.R. ROOPARAJI
           AGED ABOUT 35 YEARS.

      c)   B.R. SHILPASHREE
           AGED 30 YEARS.

      (b) & (c) ARE DAUGHTERS OF N.K.PRABHAKARA
      R/AT NO.40/7,
      NEAR FLAG TOWER, SAGARA,
      SHIMOGA DISTRICT.

3.    KUMAR SWAMY
      S/O LATE RAMACHANDRA GUPTA
      AGE:MAJOR,
      C/O VIJAYAPRABHA TRADERS,
      MARKET ROAD, SAGARA,
      SHIMOGA DISTIRCT.
                                       ... RESPONDENTS

(BY SMT. MANJULADEVI R. KAMADALLI, ADV. FOR C/R1)
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      THIS RSA IS FILED UNDER ORDER XLII R/W S.100 OF
CPC., AGAINST THE JUDGMENT AND DECREE DATED
20.12.2014 PASSED IN R.A.NO.22/2008 ON THE FILE OF THE I
ADDL. DISTRICT COURT, CHIKMAGALUR, DISMISSING THE
APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED
19.03.2008 PASSED IN O.S.NO.288/2002 ON THE FILE OF THE
CIVIL JUDGE (SR.DN.), CHIKMAGALUR.

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


                       JUDGMENT

Despite the peremptory order passed on 23.02.2016

there is non compliance of Office objections even till date.

Learned advocate again seeks time.

There is no diligence. Hence, the appeal is dismissed

for non-prosecution.

Sd/-

JUDGE

sac*