Karnataka High Court
Smt.Sagai Mary vs Smt.Sagai Mary on 8 February, 2024
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2024:KHC:5490
MFA No. 3592 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO.3592 OF 2022 (ISA)
BETWEEN:
1. SMT. SAGAI MARY
W/O SRI AROKYA DAS
AGED ABOUT 65 YEARS
R/A GOVERNMENT OF KARNATAKA
SCHOOL QUARTERS
ROBERTSON ROAD
FRAZER TOWN
BANGALORE-560005
2. SMT. ELIZABETH
D/O LATE SHRI ANTHONY
AGED ABOUT 60 YEARS
3. SHRI KANAIKYA DAS
Digitally signed
by SHARANYA T (DECEASED LEFT BEHIND HIS LRS)
Location: HIGH
COURT OF 3(A) DOMINIC
KARNATAKA
S/O KANAIKYA DAS
AGED ABOUT 44 YEARS
R/AT ANNAPALLYA
3(B) SOFIYA
D/O KANAIKYA DAS
AGED ABOUT 40 YEARS
R/AT ANNAPALLYA
4. PUSHPARAJ, S/O LATE ANTHONY
(DECEASED LEFT BEHIND HIS LRS)
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NC: 2024:KHC:5490
MFA No. 3592 of 2022
4(A) STELLA
D/O PUSHPARAJ
AGED ABOUT 43 YEARS
R/AT ADUGODE
4(B) KUMAR
S/O PUSHPARAJ
AGED ABOUT 39 YEARS
R/AT ADUGODE
4(C) AMULRAJ
S/O PUSHPARAJ
AGED ABOUT 36 YEARS
R/AT ADUGODE
5. SHRI IRUDHYA RAJ
S/O LATE ANTHONY
(DECEASED LEFT BEHIND HIS LRS)
5(A) ARRIKYA MARY
D/O IRUDHYA RAJ
AGED ABOUT 33 YEARS
R/AT BOMMANALLI
6. ARULAPPA
S/O LATE ANTHONY
AGED ABOUT 55 YEARS
APPELLANTS 1 TO 4 ARE
R/A GOVERNMENT OF KARNATAKA
KANNADA SCHOOL QUARTERS
ROBERTSON ROAD
FRAZER TOWN
BANGALORE-560005
...APPELLANTS
(BY SRI VIJAYA KUMAR V B, ADVOCATE [ABSENT])
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NC: 2024:KHC:5490
MFA No. 3592 of 2022
AND:
1. SMT. SAGAI MARY
AGE MAJOR
R/O 9TH CROSS
GANDHIPURA MAIN ROAD
WHITE FIELD, BANGALORE
2. ADMINISTRATIVE OFFICER
JAWARHARLAL BAL BHAVAN
CUBBON PARK
BANGALORE-560001
3. THE DIRECTOR
WOMEN AND CHILD WELFARE
DEVELOPMENT DEPARTMENT
M S BUILDING, BANGALORE-1
4. SRI VINOD
S/O LATE ZAVIER
AGED ABOUT 41 YEARS
R/A 9TH CROSS
GANDHIPURA MAIN ROAD
WHITE FIELD, BANGALORE
5. AMMU
D/O LATE ZAVIER
AGED ABOUT 49 YEARS
R/A 9TH CROSS
GANDHIPURA MAIN ROAD
WHTIE FIELD, BANGALORE
6. ANTHONY DAS
S/O LATE ANTHONY
AGED ABOUT 66 YEARS
GOVERNMENT OF KARNATAKA
KANNADA SCHOOL QUARTERS
ROBERTSON ROAD, FRAZER TOWN
BANGALORE-560005
...RESPONDENTS
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NC: 2024:KHC:5490
MFA No. 3592 of 2022
THIS MFA IS FILED U/S.384 OF INDIAN SUCCESSION
ACT, 1925, AGAINST THE ORDER DT.13.12.2021 PASSED IN P
AND SC NO.174/2007 ON THE FILE OF THE XV ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, BENGALURU AND ETC.
THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
At the request of the counsel for the appellants, this
Court vide order dated 25.01.2024 granted another two weeks
time on further cost of Rs.1,500/- for compliance of office
objections and also made it clear that if cost is not paid and
office objections are not complied within the stipulated time,
the appeal will be dismissed on the next date of hearing.
Inspite of the said order, the counsel for the appellants has not
made any efforts to comply with the office objections or paid
the cost. Hence, the appeal is dismissed for non-payment of
cost and non-compliance of office objections.
Sd/-
JUDGE
SN
