Karnataka High Court
Smt Mala Bai vs Sri Gopal Singh on 7 June, 2023
Bench: Dr.H.B.Prabhakara Sastry
-1-
NC: 2023:KHC:19306
RFA No. 2073 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
REGULAR FIRST APPEAL NO. 2073 OF 2019
Between:
Smt Mala Bai
D/O Sri Laxman Singh,
And W/O Sri Gopichandra Singh,
Aged About 60 Years,
R/At No.63/1,
Old No.2/4,
Chikkannamma Temple Street,
Sunkal Pet Cross,
Bangalore-02
...Appellant
(By Sri. B.V. Manjunath, Advocate)
And:
Digitally signed 1. Sri Gopal Singh
by BANGALORE
MADHAVACHAR
VEENA
S/O Sri Lakshman Singh,
Location: High
Court of Aged About 66 Years,
Karnataka
2. Sri Balaji Singh
S/O Sri Lakshman Singh,
Aged About 63 Years,
Both are residing at
No.63/1, (Old No.2-4)
Chikkannamma Temple Street,
Sunkal Pet Cross,
Bangalore-02
-2-
NC: 2023:KHC:19306
RFA No. 2073 of 2019
3. Sri Laxman Singh
S/O Sri Mohan Singh,
Aged About 75 Years,
Deceased By His LRs.,
Respondent No.1,2,4
Sri Krishna Singh,
4. S/O Sri Laxman Singh,
W/O Sri Gopichandra Singh,
Aged About 59 Years,
5. Smt Bhanu Rekha
D/O Sri Laxman Singh,
W/O Late Surya Kumar Singh,
Aged About 48 Years,
Deceased by her son,
a) Chetan Singh,
S/O Late Bhanu Rekha,
and Surya Kumar Singh,
No.63/1 (Old No.2-4)
Chikknnamma Temple Street,
Sunkal Pet Cross,
Bangalore-02
...Respondents
***
This Regular First Appeal is filed under Section 96 of the
Code of Civil Procedure, 1908, praying to set aside the
judgment and decree dated 19-11-2009 passed by the City
Civil Court at Bengaluru -CCH-13 in O.S.No.434/2006; remand
the matter for fresh disposal in accordance with law in the ends
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
Called again in the afternoon.
NC: 2023:KHC:19306
RFA No. 2073 of 2019
Learned counsel for the appellant neither present physically
nor through video conference. No reasons are forthcoming either
for non-appearance of the learned counsel for the appellant or for
non-compliance of office objections in the matter.
In this appeal of the year 2019, in spite of granting several
and sufficient opportunities of not less than four times, even as
finally also, the appellant has not complied the office objections nor
shown any reason for non-compliance. It appears the appellant is
not evincing any interest in prosecuting the matter and to comply
the office objections.
On 26-05-2023, this Court had made the following
observation:
"None appear in the matter either physically or
through Video Conference.
As finally, four days time as prayed is granted to
comply the office objections, failing which, the Court may
proceed to pass appropriate orders, including dismissal
of the appeal for non-compliance of office objections.
In case, if the office objections are not complied
with in their entirety within the said time, registry to list
the matter on 07.06.2023."
NC: 2023:KHC:19306
RFA No. 2073 of 2019
In spite of the above, the learned counsel for the appellant
has remained absent and the office objections also have not been
complied with till date.
On 23-05-2023 also, the learned counsel for the appellant
had remained absent, on which date, by making a detailed
observation, this Court had granted a final last opportunity, despite
which, needful has not been done. Hence, I do not find any
reason to grant further time. As such, the appeal stands
dismissed for non-compliance of office objections as well as for
non-prosecution.
Sd/-
JUDGE
BMV*
