Karnataka High Court
Sri Hanumanthappa vs Sri H Narasimhamurthy on 3 July, 2023
Bench: Dr.H.B.Prabhakara Sastry
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NC: 2023:KHC:22738-DB
RFA No. 1539 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JULY, 2023
BEFORE
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
REGULAR FIRST APPEAL NO. 1539 OF 2020 (PAR)
BETWEEN:
Sri Hanumanthappa
Since deceased, by his
Legal Representatives,
Thimakka,
W/o Late Hanumanthappa,
Aged About 68 Years,
Residing At No J-21,
Hattimaramma Temple Street,
Cottonpet,
Bengaluru 560053,
Since Deceased, by her Appellants
and Respondents
are Legal Representatives.
Digitally signed
by
1. Narasamma
BHARATHIDEVI
K KORLAHALLI D/o Late Hanumanthappa,
Location: High
Court of
Karnataka
Aged About 80 Years,
Residing At No J-21,
Hattimaramma Temple Street,
Cottonpet,
Bengaluru 560053.
2. Sri Nagaraj
S/o Late Hanumanthappa,
Aged About 62 Years,
Residing At No J-21,
Hattimaramma Temple Street,
Cottonpet,
-2-
NC: 2023:KHC:22738-DB
RFA No. 1539 of 2020
Bengaluru 560053.
3. Sri Raja
S/o Late Hanumanthappa,
Aged About 60 Years,
Residing At No J-21,
Hattimaramma Temple Street,
Cottonpet,
Bengaluru 560053.
4. Sri Krishnamuthy
S/o Late Hanumanthappa,
Aged About 55 Years,
Residing At No J-21,
Hattimaramma Temple Street,
Cottonpet,
Bengaluru 560053.
Smt. Radha
D/o Late Hanumanthappa,
Since deceased by her
Legal Representatives Respondent No.1(f)
5.
Sunil,
S/o Radha,
Aged About 39 Years,
Residing At No J-21,
Hattimaramma Temple Street,
Cottonpet,
Bengaluru 560053.
6. Smt. Lakshmi J
D/o Radha,
Aged About 41 Years,
Residing At No J-21,
Hattimaramma Temple Street,
Cottonpet,
Bengaluru 560053.
7. Sri Jayalakshmi
D/o Late Hanumanthappa,
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NC: 2023:KHC:22738-DB
RFA No. 1539 of 2020
Aged About 58 Years,
Residing At No J-21,
Hattimaramma Temple Street,
Cottonpet,
Bengaluru 560053.
8. Sri Vijaya
D/o Late Hanumanthappa,
Aged About 55 Years,
Residing At No J-21,
Hattimaramma Temple Street,
Cottonpet,
Bengaluru 560053.
9. Sri Meenakshi
D/o Late Hanumanthappa,
Aged About 52 Years,
Residing At No J-21,
Hattimaramma Temple Street,
Cottonpet,
Bengaluru 560053.
...Appellants
(By Sri. V B Shiva Kumar, Advocate)
And:
Sri H Narasimhamurthy
S/o Late Hanumaiah,
Since Deceased By LRs
Smt. Sharadamma
W/o H Narasimhamurthy
Since Deceased By
Her Legal Representatives
Are Respondents No 1,2,3 and 4.
1. Sri H N Prasad,
D/o Late H Narasimhamurthy,
Aged About 53 Years,
Residing At No J-21,
Hattimaramma Temple Street,
-4-
NC: 2023:KHC:22738-DB
RFA No. 1539 of 2020
Cottonpet,
Bengaluru 560053.
2. Smt.Shantha
D/o Late H Narasimhamurthy,
Aged About 51 Years,
Residing At No J-21,
Hattimaramma Temple Street,
Cottonpet,
Bengaluru 560053.
3. Smt.Chandrika
D/o Late H Narasimhamurthy,
Aged About 49 Years,
Residing At No J-21,
Hattimaramma Temple Street,
Cottonpet,
Bengaluru 560053.
4. Smt.Sudha
D/o Late H Narasimhamurthy,
Aged About 40 Years,
Residing At No J-21,
Hattimaramma Temple Street,
Cottonpet,
Bengaluru 560053.
5. H Munivenkatappa @ Muniyappa
S/O Late Hanumaiah,
Aged About 75 Years,
Residing At No J-21,
Hattimaramma Temple Street,
Cottonpet,
Bengaluru 560053.
Thimakka
W/O Late Hanumaiah,
Since Deceased By Her
Appellants and Respondents
Are Legal Representatives
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NC: 2023:KHC:22738-DB
RFA No. 1539 of 2020
Dr Chikkahanumaiah,
S/O Late Hanumaiah,
Since Deceased By LRs
6. Smt K A Mala,
W/O Late Chikkahanumaiah,
Aged About 55 Years,
Residing At No 552,
4th A Cross, Health Layout,
Annapoorneshwari Nagar,
Viswaneedam Post,
Bengaluru 560091.
7. Ms. Deepika
W/o Late Chikkahanumaiah,
Aged About 40 Years,
Residing At No 552,
4th A Cross, Health Layout,
Annapoorneshwari Nagar,
Viswaneedam Post,
Bengaluru 560091.
8. Sri Sathvik
S/o Late Chikkahanumaiah,
Aged About 35 Years,
Residing At No 552,
4th A Cross, Health Layout,
Annapoorneshwari Nagar,
Viswaneedam Post,
Bengaluru 560091.
9. Smt. Lakshminarasamma
D/o Late Hanumaiah,
W/o N D Kadirappa,
Aged About 80 Years,
Residing At No 47,
3rd Main Road, 39th Cross,
VIII Block,
Jayanagar,
Bengaluru 560011.
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NC: 2023:KHC:22738-DB
RFA No. 1539 of 2020
10. Smt.Sharadamma
D/o Late Hanumaiah,
W/o D Ramaiah,
Aged About 78 Years,
At No 74, Kadirappa Road,
Cox Town Doddigenta,
Bengaluru-560008.
11. Smt.Girijamma
W/o Shivanna,
Aged About 55 Years,
Residing At Raghavendra Colony,
Sathanur Kanakapura Road,
Kanakapura 562117.
...Respondents
(By Sri. Y K Narayana Sharma, Advocate
For Caveator/Respondent No.11)
This Regular First Appeal is filed under Section 96 of Civil
Procedure Code, praying to set aside the order of
judgment/order in the Final Decree Proceedings dated 1.2.2020
passed by the VI Addl.City Civil Judge, Bengaluru City
CCH.No.11 in FDP.No.30/2001, call for the records of the Court
below and award costs of this appeal, in the interest of justice
and equity.
This Regular First Appeal coming on for Orders through
Physical Hearing/Video Conferencing, this day, the Court made
the following:
ORDER
None appear in the matter either physically or
through Video Conference. No reasons are forthcoming for
non-appearance of the learned counsel for the appellants
or for non-compliance of office objections.
NC: 2023:KHC:22738-DB
RFA No. 1539 of 2020
2. In spite of granting several and sufficient
opportunities of not less than five times in this appeal of
the year 2020, the learned counsel for the appellants has
neither complied the office objections nor shown any
reasons for non-compliance of office objections and nor
even appeared in this matter. As such, I do not find any
reason to grant further time.
Accordingly, the Appeal stands dismissed for
non-compliance of office objections, as well as for
non-prosecution.
Sd/-
JUDGE
