Meenakshamma vs V Suresh Babu
2023 Latest Caselaw 5445 Kant

                                               -1-
                                                           NC: 2023:KHC:28103
                                                          CRP No. 222 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 9TH DAY OF AUGUST, 2023

                                            BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                           CIVIL REVISION PETITION NO. 222 OF 2021
                   BETWEEN:

                   1.    MEENAKSHAMMA
                         W/O LATE K S VENKATACHALAPATHI
                         AGED ABOUT 65 YEARS

                   2.    K V MANJUNATHA
                         S/O LATE K S VENKATACHALAPATHI
                         AGED ABOUT 46 YEARS

                   3.    K V MAHESH KUMAR
                         S/O K S VENKATACAHALAPATHI
                         AGED ABOUT 44 YEARS

                   4.    K V SANGEETHA
                         D/O LATE K S VENKATACHALAPATHI
                         AGED ABOUT 37 YEARS

Digitally signed         ALL ARE R/AT NAGAVARA VILLAGE
by                       BYRAKUR HOBLI, MULBAGAL TALUK
DHANALAKSHMI             KOLAR DISTRICT.
MURTHY
                                                                ...PETITIONERS
Location: High
Court of           (BY SRI. PURUSHOTHAM D V.,ADVOCATE &
Karnataka
                       SRI. KODANDA RAM, ADVOCATE [ABSENT])
                   AND:

                   V SURESH BABU
                   S/O A H VENKATAARAMANAPP
                   AGED ABOUT 50 YEARS
                   R/O NO.300 OPP SUBEDAR CHOULTRY
                   WARD NO.19, KATARIPALYA, KOLAR CITY
                                                                ...RESPONDENT
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                                              NC: 2023:KHC:28103
                                             CRP No. 222 of 2021




     THIS CRP FILED UNDER SECTION 115 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED: 12.02.2021 PASSED IN
MA No.16/2019 ON THE FILE OF THE PRINCIPAL DISTRICT AND
SESSIONS JUDGE KOLAR,DISMISSING THE APPEAL AND
CONFIRMING THE ORDER DATED 23.04.2019 PASSED IN MISC
No. 43/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE AND CJM, KOLAR, DISMISSING THE PETITION FILED
UNDER ORDER 9 RULE 13 OF CPC DISMISSING AS NOT
MAINTAINABLE.

     THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
                             ORDER

1. None appears for the petitioners.

2. This Court by order dated 26.07.2023 has passed the

following order:

"This petition was filed in the year 2021 and when the matter was listed on 23.09.2021 for non- compliance of office objections, none appears before the Court. However, Court granted four weeks time for compliance of office objections and once again the matter was listed on 01.12.2021 and two weeks time was granted to comply with the office objections. Thereafter, again the matter was listed before the Court on 04.01.2022 and as there was no representation on behalf of the petitioners, one more opportunity was given and ordered to list the matter week after next.

NC: 2023:KHC:28103 CRP No. 222 of 2021

Inspite opportunity is given, learned counsel for the petitioners has not complied with the office objections and the matter is listed for fourth time. However, once again, one more opportunity is given on cost of Rs.1,500/- payable to the Registry. If cost is not paid and office objections are not complied within two weeks, list this matter for dismissal on 09.08.2023."

3. Even today when the matter is called out, none

appears on behalf of the petitioners. The order dated

26.07.2023 is not complied.

4. In view of order dated 26.07.2023, the petition is

dismissed for non-prosecution.

Sd/-

JUDGE

HA