K. Chandrasekhar S/O Late ... vs Smt.Subamma Since Dead By Lrs
2023 Latest Caselaw 465 Kant

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                                   RFA No. 100239 of 2020


           IN THE HIGH COURT OF KARNATAKA,
                    DHARWAD BENCH
        DATED THIS THE 6TH DAY OF JANUARY, 2023
                        PRESENT
     THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
                           AND
            THE HON'BLE MR JUSTICE C M JOSHI
 REGULAR FIRST APPEAL NO. 100239/2020 (PAR/POS)

BETWEEN:
      K. CHANDRASEKHAR S/O LATE
      SRI.K.HANUMANTHAPPA
      AGED: ABOUT 58 YEARS,
      R/AT: D.NO.3, WARD NO.5,
      THIRUMALA KEDI ROAD,
      LALAKAMAN, BALLARI-583101.
                                             ...APPELLANT
(BY SRI. K RAGHAVENDRA RAO, SMT. V. VIDYA IYER AND SRI.
GANAPATI M. BHAT, ADVOCATES)
AND:
1.    SMT.SUBAMMA SINCE DEAD BY LRS.,
      R.BASVARAJ S/O LATE AYAPPA,
      AGED: ABOUT 65 YEARS,
      LANDLORD, R/AT: REDDY STREET,
      BALLARI-583101.

2.    SMT.PRABHAVATHI W/O R.PRABHAKAR
      AGED: ABOUT 52 YEARS,
      R/AT PLOT NO.104, TAVAREKERE MAIN ROAD,
      OPPOSITE TO ORACLE, S.G.PALYA, 1ST CROSS,
      VIHA FORUM, FIRST FLOOR, BENGALURU-560029.

3.    K.KRISHNA S/O K.HANUMANTHAPPA
      AGED: ABOUT 49 YEARS,
      R/AT: D.NO.28/3,
      WARD NO.V, HANUMANTHA RAO STREET,
      LALAKAMAN, BALLARI-583101.
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                                    RFA No. 100239 of 2020


4.   THE BRANCH MANAGER
     INDIAN BANK, KALAMMA STREET,
     BALLARI-583101.

5.   THE MANAGER
     SYNDICATE BANK,
     MAIN BRANCH, 1ST FLOOR,AGADE BUILDING,
     NEAR BRUCEPET POLICE STATION,
     BALLARI-583101.

6.   RAMESH S/O R.BASAVARAJ
     AGED: ABOUT 38 YEARS,
     AGRICULTURIST, R/AT: REDDY STREET,
     BALLARI-583101.

7.   SURESH S/O R.BASAVARAJ
     AGED: ABOUT 34 YEARS,
     AGRICULTURIST, R/AT: REDDY STREET,
     BALLARI-583101.

8.   K.TARUN S/O K.KRISHNA
     AGED: ABOUT 20 YEARS,
     STUDENT, R/AT: D.NO.28/3,
     WARD NO.5, V.HANUMANTHA RAO STREET,
     LALAKAMAN, BALLARI-583101.

9.   K.NEERAJ S/O KRISHNA
     AGED: ABOUT 18 YEARS,
     STUDENT, R/AT: D.NO.28/3,
     WARD NO.5, V.HANUMANTHA RAO STREET,
     LALAKAMAN, BALLARI-583101.
                                        ...RESPONDENTS
(BY SRI. B KRUPANAND, ADVOCATE FOR C/R3)
     THIS RFA IS FILED UNDER ORDER XLI RULE 1 R/W
SECTION 96 OF CPC 1908, AGAINST JUDGMENT AND DECREE
DATED.20.12.2019 PASSED IN O.S.NO.178/2012 ON THE FILE
OF I ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, PARTLY
DECREEING SUIT FOR PARTITION AND DECLARATION.
     THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
DR. H.B. PRABHAKARA SASTRY J., PASSED THE
FOLLOWING:
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                                     RFA No. 100239 of 2020


                            ORDER

None appears in the matter either physically or

through video conference.

A perusal of the order sheet would go to show that

inspite of granting several and sufficient opportunities, the

appellant has not complied with the office objections on

the appeal memorandum, which was filed in June, 2020.

Thus, for more than 2 ½ years, the appellant has not

complied with the office objections nor even shown any

reasons for his non-appearance/non-compliance of office

objections. Hence, the appeal stands dismissed for non-

prosecution as well as non-compliance of office objections.

Sd/-

JUDGE

Sd/-

JUDGE