Karnataka High Court
Mr Alexander Manohar vs Smt Kanaka Rathna on 9 February, 2024
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
-1-
NC: 2024:KHC:5613
RFA No. 606 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
REGULAR FIRST APPEAL NO. 606 OF 2020 (PAR)
BETWEEN:
1. MR ALEXANDER MANOHAR
S/O MR.H.SAMUEL CHALLA
AGED ABOUT 89 YEARS
R/A.NO.586/609, 11TH B CROSS
GIRINGAR 2ND PHASE, BANGALORE.
2. MR HERMON EBNEZER
S/O H.SAMUEL CHALLA
AGED ABOUT 78 YEARS
R/A.NO.61, 2ND CROSS, 8TH MAIN
BAGEGOWDA LAYOUT
DODDAKALLASANDRA POST
Digitally signed by BANGALORE-560062
HEMALATHA A ...APPELLANTS
Location: High
Court of
Karnataka
(BY SRI. MOHAN RANGAM V A.,ADVOCATE [ABSENT])
AND:
1. SMT KANAKA RATHNA
SINCE DECEASED REP. BY HER LR'S
-2-
NC: 2024:KHC:5613
RFA No. 606 of 2020
1(a) SMT. ELIZABETH
D/O.LATE MR.AMRUTH BHASKR CHALLA
AND SMT. KANAKA RATHNA
AGED ABOUT 57 YEARS
R/A.N.R.MOHALLA, MYSURU.
2. SMT. STELLA YESHODA
D/O.MR.H.SAMUEL CHELLA
AGED ABOUT 85 YEARS
R/A.KALAPPA LAYOUT
VIBUTHIPURA, BANGALORE.
3. SMT GRACE PADMAVATHI
SINCE DECEASED REPRESENTED BY
HER LRS
3(a) SMT.MARY SALOMY
W/O MR.HEMANTH KUMAR
KPTCL 220/661/11 KV
RECEIVING STATION QRTS.
SIMANAHALLI POST
KANAKAPURA ROAD
BANGALORE-560062.
3(b) MR JACOB RAVI KUMAR
R/A NO.U29,KEMPAPURA AGRAHARA
1ST MAIN ROAD
BHUVANESHWARI NAGAR
BANGALORE-560023.
3(c) SMT ALICE SUJAY
R/A.NO.35, 1ST CROSS
RAMESH NAGAR
(BEHIND HELICOPTER FACTOR)
BANGALORE-560037.
3(d) MR MICHEL YESU PRAKASH
R/A NO.4/2, 1ST MAIN
13TH CROSS, KEMPAPURA AGRAHARA
-3-
NC: 2024:KHC:5613
RFA No. 606 of 2020
BHUVANESHWARI NAGAR
BANGALORE.
3(e) MR SAMUEL PRASAD
R/A NO. U29, 1ST MAIN
KEMPAPURA AGRAHARA
BHUVANESHWARI NAGAR
BANGALORE-560023.
3(f) MR JOSEPH PRASANNA KUMAR
R/A.NO.U 29, 1ST MAIN
KEMPAPURA AGRAHARA
BHUVANESHWARI NAGAR
BANGALORE-560023.
4. SMT AGNES ROSE
W/O.MR.HONNAPPA
AGED ABOUT 86 YEARS
R/A NO.121, 5TH CROSS
BHUVANESHWARI NAGAR
KEMPAPURA AGRAHARA
BANGALORE-560023.
5. SMT LOUISA G C
W/O.LATE MR.JOSEPH B BAGALKOT
AGED ABOUT 78 YEARS
R/A.NO.905/2, 3RD CROSS
4TH MAIN, VIJAYANAGAR
BANGALORE-560040.
...RESPONDENTS
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41
RULE 1 OF THE CPC, AGAINST THE JUDGMENT AND DECREE
DATED 17.10.2019 PASSED IN O.S.NO.10320/2005 ON THE
FILE OF THE XXIX ADDITIONAL CITY CIVIL JUDGE,
BENGALURU CITY, DISMISSING THE SUIT FOR PARTITION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
-4-
NC: 2024:KHC:5613
RFA No. 606 of 2020
JUDGMENT
When the matter was posted before the Registrar for
non-compliance of office objections, for the third time,
office objections were not complied with.
2. On 12.09.2023, the matter was posted before the
Court for non-compliance of office objections. On that day,
finally, two weeks time was granted for compliance of
office objections, failing which, it was ordered that the
appeal stands dismissed for default. Thereafter, the office
objections were not complied with.
3. Today, the matter is posted before the Court for
non-compliance of office objections for the fifth time, none
appeared for the appellant in both the sessions and the
office objections were also not complied with.
4. In view of the order dated 12.09.2023, the
appeal stands dismissed for default.
Sd/-
JUDGE
CM
