Smt Ashwathamma vs Smt Yashodamma
2023 Latest Caselaw 5952 Kant

                                        -1-
                                                  NC: 2023:KHC:30422
                                                RFA No. 678 of 2015




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                    DATED THIS THE 24TH DAY OF AUGUST, 2023
                                     BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                   REGULAR FIRST APPEAL No.678 OF 2015 (PAR)
            BETWEEN:

            1.    SMT ASHWATHAMMA
                  AGED ABOUT 45 YEARS
                  W/O LATE MUNIRAJU

            2.    SHRI SHASHIKUMAR
                  AGED ABOUT 24 YEARS
                  S/O LATE MUNIRAJU

            3.    SHRI DILIP KUMAR
                  AGED ABOUT 20 YEARS
                  S/O LATE MUNIRAJU

                  ALL ARE RESIDING AT NO.31
                  (OLD NO.23/2)
                  OPP : SKR TEMPLE
                  BANASWADI MAIN ROAD
                  SUBBAYYANAPALYA
                  BANGALORE -33
Digitally
signed by                                              ...APPELLANTS
MALATESH    (BY SRI VIJAYAKUMAR L, ADVOCATE)
KC
Location:
HIGH        AND:
COURT OF
KARNATAKA
            1.    SMT YASHODAMMA
                  AGED ABOUT 39 YEARS
                  W/O NARAYANASWAMY
                  RESIDING AT BLUE DART NARAYANA'S HOUSE
                  NARAYANA BUILDING
                  BEHIND RAMAMANDIR ROAD
                  NEAR YALACHENAHALLI BUS STOP
                  KANAKAPURA MAIN ROAD
                  BANGALORE -560 078
                               -2-
                                           NC: 2023:KHC:30422
                                          RFA No. 678 of 2015




2.   SRI RAMASWAMY
     AGED ABOUT 45 YEARS
     S/O LATE BYRAPPA
     RESIDING AT NO.32, 1ST FLOOR
     OPP : SKR TEMPLE
     BANASWADI MAIN ROAD
     SUBBAYYANAPALYA
     BANGALORE - 33
                                       ...RESPONDENTS
(BY SRI T.N.ARAKESWARA, ADVOCATE FOR R1 -ABSENT;
R2 IS SERVED BUT UNREPRESENTED)

     THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND
DECREE DATED 08.06.2010 PASSED IN O.S.NO.3668/2008 ON
THE FILE OF THE XXXVIII ADDITIONAL CITY CIVIL JUDGE AT
BANGALORE CITY, DECREEING THE SUIT FOR PARTITION,
SEPARATE POSSESSION AND PERMANENT INJUNCTION.

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

                         JUDGMENT

Case called twice. None present on behalf of appellants.

2. There is huge delay of 1696 days in filing the appeal by

the plaintiffs challenging the validity of the judgment and

decree dated 08.06.2010 passed in O.S.No.3668/2008 on the

file of the XXXVIII Additional City Civil and Sessions Judge,

Bengaluru City.

NC: 2023:KHC:30422 RFA No. 678 of 2015

3. The appeal came to be filed on 30.04.2015. There is

delay of 1696 days. Reasons assigned in the affidavit are

hardly sufficient to condone the huge delay of 1696 days in

filing the appeal. Anyway, since the appellants have not

appeared to address arguments on I.A.No.1/2015 application

needs to be dismissed for non prosecution, as on the earlier

occasion also, appellants failed to appear before the Court and

address the arguments. Accordingly, the following:

ORDER

(i) I.A.No.1/2015 for condonation of delay is dismissed for non prosecution.

(ii) Consequently, appeal also dismissed for non prosecution.

Sd/-

JUDGE

kcm