Smt Prema vs Sri Rajanna
2023 Latest Caselaw 5079 Kant

                                               -1-
                                                     NC: 2023:KHC:26626
                                                        RSA No. 717 of 2020




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 31ST DAY OF JULY, 2023

                                           BEFORE
                           THE HON'BLE MR JUSTICE H.P.SANDESH
                          REGULAR SECOND APPEAL NO.717 OF 2020
                   BETWEEN:

                   1.   SMT PREMA
                        D/O RAJANNA,
                        AGED ABOUT 50 YEARS,
                        R/AT NO.318/5,
                        V P COLONY,
                        T DASARAHALLI,
                        BENGALURU-560057

                                                               ...APPELLANT
                   (BY SRI. G CHANDRASHEKHARAIAH., ADVOCATE)

                   AND:

                   1.   SRI RAJANNA
                        S/O LATE HOSALAPPA,
                        R/AT NO.318,
Digitally signed
by SHARANYA T           V P COLONY,
Location: HIGH          T DASARAHALLI,
COURT OF                BENGALURU-560057
KARNATAKA
                   2.   SRI KUMARASWAMY
                        S/O RAJANNA,
                        R/AT NO.318,
                        V P COLONY,
                        T DASARAHALLI,
                        BENGALURU-560057

                   3.   SMT PARVATHAMMA
                        S/O HOSALAIAH,
                        R/AT DADDAKARENAHALLI,
                        NELAMANGALA TALUK,
                          -2-
                               NC: 2023:KHC:26626
                                   RSA No. 717 of 2020




     BENGALURU RURAL DISTRICT-562123

4.   SRI SHIVARUDRAIAH
     S/O LATE HOSALAIAH,
     R/AT DADDAKARENAHALLI,
     NELAMANGALA TALUK,
     BENGALURU RURAL DISTRICT-562123

5.   SRI LOKESH
     S/O LATE HOSALAIAH,
     R/AT DADDAKARENAHALLI,
     NELAMANGALA TALUK,
     BENGALURU RURAL DISTRICT-562123

6.   SRI NAGARAJ
     S/O LATE HOSALAIAH,
     R/AT DADDAKARENAHALLI,
     NELAMANGALA TALUK,
     BENGALURU RURAL DISTRICT-562123

7.   SMT SHIVAMMA
     W/O LATE SHIVARUDRAPPA,
     DADDAKERENAHALLI,
     KASABA HOBLI,
     NELAMANGALA TALUK,
     BENGALURU RURAL DISTRICT-562123

8.   SRI CHANDRAPPA
     S/O LATE SHIVARUDRAPPA,
     DADDAKERENAHALLI,
     KASABA HOBLI,
     NELAMANGALA TALUK,
     BENGALURU RURAL DISTRICT-562123

9.   SRI PUTTARUDRAPPA
     S/O LATE SHIVARUDRAPPA,
     DADDAKERENAHALLI,
     KASABA HOBLI,
     NELAMANGALA TALUK,
     BENGALURU RURAL DISTRICT-562123

10. SRI SURESH
                                    -3-
                                          NC: 2023:KHC:26626
                                               RSA No. 717 of 2020




     S/O LATE SHIVARUDRAPPA,
     DADDAKERENAHALLI,
     KASABA HOBLI,
     NELAMANGALA TALUK,
     BENGALURU RURAL DISTRICT-562123

11. SMT LALITHA
    D/O RAJANNA,
    R/AT NO.318/5,
    V P COLONY,
    T DASARAHALLI,
    BENGALURU-560057

                                                     ...RESPONDENTS
                               ------

      THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 25.11.2019 PASSED IN
RA.NO.15/2014 ON THE FILE OF THE VII ADDITIONAL
DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL
DISTRICT, BENGALURU, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED 29.11.2013
PASSED IN OS.NO.127/2009 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND JMFC., NELAMANGALA.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                            JUDGMENT

Learned counsel for the appellant has filed a memo of

retirement dated 31.07.2023 alongwith copy of the

acknowledgment for having received the papers by the

appellant and NOC vakalath on 20.02.2022. Hence, the learned

counsel is permitted to retire from the case. It is seen that till

date, the appellant has not engaged another counsel even after

NC: 2023:KHC:26626 RSA No. 717 of 2020

lapse of one and half years and the office objections are also

not complied.

Hence, the appeal is dismissed for non-compliance of

office objections even though papers are received by the

appellant on 20.02.2022.

Sd/-

JUDGE

MN