Smt Aruna vs Samuel Varughese
2024 Latest Caselaw 9854 Kant

Karnataka High Court

Smt Aruna vs Samuel Varughese on 4 April, 2024

                                         -1-
                                                     NC: 2024:KHC:13882
                                                   MFA No. 6969 of 2018




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 4TH DAY OF APRIL, 2024

                                       BEFORE
                         THE HON'BLE MR JUSTICE R. NATARAJ
               MISCELLANEOUS FIRST APPEAL NO. 6969 OF 2018 (ISA)
               BETWEEN:
               SMT. ARUNA
               D/O LATE VENKATAWSWAMY,
               AGED ABOUT 27 YEARS,
               RESIDING AT NO.246,
               2ND MAIN ROAD,
               NEAR RAGHAVENDRASWAMY TEMPLE,
               JIGALA VILLAGE,
               YADAVANAHALLIK POST,
               ANEKAL TALUK,
               BANGALORE URBAN DISTRICT 562107. .. APPELLANT
                (BY SRI. HARSHA D JOSHI ., ADVOCATE)

               AND:


Digitally      1.    SAMUEL VARUGHESE
signed by BS         S/O.MR.MATHAI GEE VARUGHESE
RAVIKUMAR
Location:            AGED ABOUT 59 YEARS
HIGH                 ANGADICAL NORTH POST
COURT OF
KARNATAKA            KAIPATTOOR
                     ANGADICAL VILLAGE,
                     ADOOR TALUK,
                     PATHANAMTHITTA DISTRICT
                     KERALA STATE - 689 648.

               2.    BOBY M. THOMAS
                     S/O.MR.THOMAS MATHEW
                     AGED ABOUT 49 YEARS
                     R/AT HOUSE NO.1/123A,
                                -2-
                                           NC: 2024:KHC:13882
                                        MFA No. 6969 of 2018




    PALLIVATHUKKAL HOUSE,
    MUTTOM POST
    THODUPUZHA TALUK
    IDUKKI DISTRICT,
    KERALA STATE - 685 587.          .. RESPONDENTS

 (BY SRI. G S PRASANNA KUMAR.,ADVOCATE FOR R1 & R2:
SRI CHETHAN KUMAR S. ADVOCATE FOR IMPLEADING
APPLICANT)

     MFA FILED UNDER SECTION 299 OF THE INDIAN
SUCCESSION ACT, AGAINST THE JUDGEMENT AND ORDER
DATED 13.08.2018, PASSED ON P & SC.NO.5005/2018, ON
THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS
JUDGE, BENGALURU RURAL DISTRICT, SIT AT ANEKAL,
DISMISSING THE PETITION FILED UNDER SECTION 264 AND
275 OF THE ISA.

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

                            JUDGMENT

Learned counsel for the appellant again seeks time.

2. Since the order sheet discloses that the learned

counsel for the appellant persistently sought for time,

hence, the appeal is dismissed for non-prosecution.

Sd/-

JUDGE