Sri Ramaiah vs Sri. N.C. Yalakkappa
2023 Latest Caselaw 5011 Kant

                                             -1-
                                                   NC: 2023:KHC:26364
                                                      RFA No. 507 of 2021




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                        DATED THIS THE 28TH DAY OF JULY, 2023
                                        BEFORE
                    THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
                      REGULAR FIRST APPEAL NO. 507 OF 2021 (RES)
               BETWEEN:
                  SRI RAMAIAH
                  SINCE DECEASED BY HIS LRS.

               1.    SMT. TIBBAMMA,
                     WIFE OF LATE RAMAIAH,
                     AGED ABOUT 81 YEARS,

               2.    SMT. LAKSHMINARASAMMA,
                     DAUGHTER OF LATE RAMAIAH,
                     AGED ABOUT 50 YEAR.

               3.    SRI. R . NARASIMHAIAH
                     SON OF LATE RAMAIAH,
                     AGED ABOUT 50 YEARS,


Digitally      4.    SMT. KAMALAMMA
signed by
VEENA                SON OF LATE RAMAIAH,
KUMARI B
Location:            AGED ABOUT    YEARS,
High Court
of Karnataka
                     1 TO 4 ARE RESIDING AT:
                     DABBAGULLI VILLAGE,
                     MANCHAMBELE POST,
                     MADBAL HOBLI, MAGADI TALUK,
                     RAMANAGARA DISTRICT.

                                                            ...APPELLANTS
               (BY SRI. ANIL KUMAR H S., ADVOCATE)
                            -2-
                                  NC: 2023:KHC:26364
                                     RFA No. 507 of 2021




AND:
1. SRI. N.C. YALAKKAPPA
   S/O LATE ANGADICHANNAPPA,
   AGED ABOUT 72 YEARS,
   PERMANENT RESIDENT OF
   NETHENAHALLI VILLAGE AND POST
   KASABA HOBLI, MAGADI TALUK
   RAMANAGARA DISTRICT

     SRI. NARASIMHAIAH
     SINCE DECEASED BY HIS LRS

2.   SMT. BYRAMMA
     W/O LATE NARASIMHAIAH,
     AGED ABOUT YEARS
     R/AT DABBAGULI VILLAGE,
     MANCHANBELE POST,
     MADBALHOLBI, MAGADI TALUK,
     RAMANAGARA DISTRICT.
                                         ...RESPONDENTS
      THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF THE CPC, AGAINST JUDGMENT AND DECREE DATED
06.10.2016   PASSED   IN    OS.NO.365/2014   (OLD    OS.
NO.308/2012) ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC, MAGADI, DISMISSING THE SUIT FOR RIGHT OF PRE-
EMPTION.


      THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS
THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS
DAY, THE COURT MADE THE FOLLOWING:
                               -3-
                                     NC: 2023:KHC:26364
                                          RFA No. 507 of 2021




                           ORDER

Learned counsel for the appellant is neither present

physically nor through video conference.

2. A perusal of the order sheet would go to show

that the office objections which are due for compliance

includes very simple office objections like continuously

paginating the memorandum of appeal with index,

mentioning of the date in the index and in the synopsis,

mentioning the age of the parties, filing of the typed copy

of the valuation slip, stating the executants name in the

vakalath, affixing Advocates' Welfare Stamp, showing the

name of the counsel in capital letters in the vakalath etc.

3. A perusal of the order sheet would further go to

show that several and sufficient opportunities of not less

than five times have already been granted to the appellant

in this appeal of the year 2021. In spite of the same,

appellant has neither complied the office objections nor

appeared either physically or through video conference. No

NC: 2023:KHC:26364 RFA No. 507 of 2021

reasons are forthcoming for his nonappearance or for

noncompliance of office objections.

Hence, the appeal stands dismissed for non-

prosecution, as well for noncompliance of office objections.

Sd/-

JUDGE

BVK