Citation : 2023 Latest Caselaw 4398 Kant
Judgement Date : 13 July, 2023
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NC: 2023:KHC:24330
RFA No. 311 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JULY, 2023
BEFORE
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
REGULAR FIRST APPEAL NO. 311 OF 2020 (DEC)
BETWEEN:
1. Sri M G Deenadayalan,
S/O. Late. M. Govindaraju,
Aged about 64 years,
2. Sri. M G Murthy
S/O. Late. M Govindaraju,
Aged about 60 years,
Both are residing at
No. 1, Brigade Road,
Bangalore 560001.
...Appellants
Digitally signed
(By Sri. Mohamed Nasiruddin, Advocate)
by
BHARATHIDEVI
K KORLAHALLI
Location: High
AND:
Court of
Karnataka
Smt Indira Deenadayalu Naidu
W/O. Late. V P Deenadayalu Naidu,
(since dead no rank)
By her LR's already on record
1. Smt. Shoba Kamalakar
W/O. Kamalakar,
Aged about 67 years,
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NC: 2023:KHC:24330
RFA No. 311 of 2020
2. Smt. Meera Harinath
S/O Harinath,
Aged about 56 years,
3. Sri. D Venkatesh
S/O. Late. V P Deenadayalu Naidu,
Aged about 59 years,
4. M/s.Dheena Enterprises
A Partnership Firm,
Having Respondents 1 To 4 As Partners,
All are residing at
No.1, Brigade Road,
Bangalore 560001.
5. Smt. M.G. Ramani
D/O Late. M.Govindaraju
Aged About 64 Years,
R/ At No.85, 6th Cross,
Victoria Layout
Bangalore 560047.
6. Sri. M G Ramesh Babu
S/O Late. M Govindaraju,
Aged about 54 years,
7. Sri. M G Rajan
S/O. Late. M. Govindaraju,
Aged about 48 years,
Respondents 6 and 7
are R/At No. 85, 6th Cross,
Victoria Layout,
Bangalore 560047.
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NC: 2023:KHC:24330
RFA No. 311 of 2020
8. Smt. Kamala Veni
D/O Late M. Govindaraju,
Aged about 60 years,
R/At No. 20/21,
Anjaneya Temple Road,
Austin Town,
Bangalore 47.
9. Mrs. J Saroja
W/O. M G Ramachandran,
10. R. Laxminarayana
S/O. M G Ramachandran,
Aged about 35 years,
11. Smt. R Gayathri
D/O. M G Ramachandran,
Aged about 32 years,
Respondents 9 to 11
Are R/At No. 85,
6th Cross,
Victoria Layout,
Bangalore 47.
...Respondents
This Regular First Appeal is filed under Section 96 of the
Civil Procedure Code, praying to call for the records in
O.S.No.8669/2012 on the file of XV Addl.City Civil & Sessions
Judge, at Bengaluru City (CCH No.03) and set aside the
judgment and decree dated 29.11.2018 passed by it by
allowing the appeal and grant such other relief/s as this Hon'ble
Court deems it fit to grant in the facts and circumstances of this
case in the interest of justice.
This Regular First Appeal coming on for Orders through
Physical Hearing/Video Conferencing, this day, the Court made
the following:
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RFA No. 311 of 2020
ORDER
Learned counsel for the appellants is neither present
physically nor through Video Conference. No reasons are
forthcoming for his non-appearance or for non-compliance
of office objections.
2. A perusal of the order sheet would go to show that
in this appeal of the year 2020, several and sufficient
opportunities for not less than three times have already
been granted to the appellants to comply the office
objections, however, the appellants are not evincing any
interest in complying the office objections. As such, I do
not find any reason to grant further time.
Hence, the Appeal stands dismissed for
non-compliance of office objections, as well as for
non-prosecution.
Sd/-
JUDGE
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