S Ramu vs Sri Janardhanaa
2023 Latest Caselaw 4019 Kant

                                             -1-
                                                   NC: 2023:KHC:23121
                                                     RFA No. 1859 of 2021




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 5TH DAY OF JULY, 2023

                                         BEFORE
                     THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
                      REGULAR FIRST APPEAL NO.1859 OF 2021 (RES)
                BETWEEN:
                1.    S.RAMU
                      S/O.SIDDAPPA
                      AGED ABOUT 78 YEARS
                      R/AT 'RENUKA NILAYA'
                      2ND CROSS
                      BASAVANAGUDI
                      SHIVAMOGGA-577 201
                                                             ...APPELLANT
                (BY SRI GANGADHARA D.C., ADVOCATE)

                AND:
                1.     SRI JANARDHANAA
                       S/O.LATE G.S.HONNAPPA
                       AGED ABOUT 63 YEARS
                       AGRICULTURIST
Digitally              R/AT AHOKA ROAD
signed by
VEENA                  SHIVAMOGGA-577 201
KUMARI B
Location:
High Court of   2.     G.S.KRISHNAPPA
Karnataka
                       S/O.GUTTI SANNA SIDDAPPA
                       AGED ABOUT 58 YEARS
                       AGRICULTURIST
                       R/AT M.K.K.ROAD
                       BHARAMAPPA NAGAR
                       SHIVAMOGGA-577 201

                3.     D.E.MURUGESH
                       S/O.DHANKACHALAM
                       AGED ABOUT 75 YEARS
                       CONTRACTOR
                             -2-
                                  NC: 2023:KHC:23121
                                    RFA No. 1859 of 2021




     R/AT K.R.PURAM EXTENSION
     SHIVAMOGGA CITY-577 201

4.   RAJASHEKAR
     S/O.S.GOPALAPPA
     AGED ABOUT 50 YEARS
     R/AT ANAVERAPPA KERI
     GANDHI BAZAR
     SHIVAMOGGA-577 201

5.   G.S.SHIVAMURTHY
     S/O.S.S.SHANKARAPPA
     AGED ABOUT 62 YEARS
     AGRICULTURIST
     R/AT NAGAPPANAKERI
     SHIVAMOGGA-577 201

6.   G.H.KADAPPA
     S/O.GUTTI HADAPPA
     AGED ABOUT 54 YEARS
     FOREST DEPARTMENT
     SHIVAMOGGA-577 201

7.   G.N.SHIVAPPA
     S/O.G.S.NAGAPPA
     AGED ABOUT 55 YEARS
     ENGINEER
     C/O.N.NARAYANASWAMY
     2ND STAGE, 3RD CROSS
     'MATRUCHAYA', 60 FEET ROAD
     VINOBHANAGARA
     SHIVAMOGGA-577 201

8.   G.H.NAGARAJA
     S/O.TUTTI HONNAPPA
     AGED ABOUT 65 YEARS
     ENGINEER, VISL,
     BHADRAVATHI-577 301

9.   G.S.HANUMANTHAPPA
     S/O.GUTTI SANNA SIDDAPPA
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                                      NC: 2023:KHC:23121
                                           RFA No. 1859 of 2021




    AGED ABOUT 54 YEARS
    R/AT BHARAMAPPA NAGAR
    SHIVAMOGGA-577 201

10. K.S.HANUMANTHAPPA
    S/O.KOBALAPPARA NAGAPPA
    MILK BUSINESS
    AGED ABOUT 60 YEARS
    UPPARA KERI
    SHIVAMOGGA-577 201

11. H.RAJU
    S/O.HANUMANTHAPPA H.
    AGED ABOUT 50 YEARS
    R/AT VIDHYANAGAR
    SHIVAMOGGA-577 201
                                                ...RESPONDENTS

    THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND
DECREE DATED 15.02.2021 PASSED IN O.S.NO.1/1999 BY I
ADDITIONAL DISTRICT JUDGE, SHIVAMOGGA AND ETC.

     THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS
THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS
DAY, THE COURT MADE THE FOLLOWING:

                         ORDER

Delayed payment of cost is accepted.

2. Learned counsel for the appellant, who is

physically present before the Court, submits that despite

efforts, he could not lay his hand with respect to any of

the documents to ascertain the valuation of the suit

NC: 2023:KHC:23121 RFA No. 1859 of 2021

schedule property, as such, he is unable to comply the

office objections.

3. When learned counsel for the appellant himself

has conceded that he is unable to comply the office

objections and his client could not furnish the necessary

details or documents to comply the office objections, the

matter cannot be proceeded further.

4. Several and sufficient opportunities of not less

than five times have already been granted to comply office

objections. However, after taking sufficient opportunities,

learned counsel for the appellant since now expresses his

helplessness to comply the office objections, the appeal

stands dismissed for non-compliance of office objections.

Sd/-

JUDGE

LB