Smt Sangeetha Banerji vs Sri M Ramesh Kumar
2024 Latest Caselaw 4083 Kant

Karnataka High Court

Smt Sangeetha Banerji vs Sri M Ramesh Kumar on 9 February, 2024

                                                  -1-
                                                            NC: 2024:KHC:5527
                                                        RSA No. 1758 of 2015




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 9TH DAY OF FEBRUARY, 2024

                                               BEFORE
                               THE HON'BLE MR JUSTICE G BASAVARAJA
                      REGULAR SECOND APPEAL NO. 1758 OF 2015 (DEC/INJ)
                      BETWEEN:

                      SMT. SANGEETHA BANERJI,
                      W/O D.BANERJI,
                      AGED 55 YEARS,
                      R/AT NO.305, 2ND STAGE,
                      SANMARG ROAD,
                      BEHIND JSS PUBLIC SCHOOL,
                      MYSORE - 560 011.

                      REPRESENTED BY HER HUSBAND,
                      SRI. DEBABRATA BANARJEE,
                      S/O LATE MUKILENDU BANERJEE,
                      AGED ABOUT 60 YEARS,
                      AS GPA HOLDER.
                                                                 ...APPELLANT
Digitally signed by
SANDHYA S             (BY SMT.SANJGEETHA BANERJI, ABSENT)
Location: High
Court of Karnataka
                      AND:

                      1.    SRI. M. RAMESH KUMAR,
                            S/O B.MUDDAPPA,
                            AGED ABOUT 59 YEARS,
                            R/O NO.314, 5TH A CROSS,
                            SANMARG ROAD, SIDDARTHANAGAR,
                            MYSORE - 560 011.

                      2.    SRI. N. CHANDRA SHEKAR,
                            S/O NANJEGOWDA,
                                   -2-
                                                   NC: 2024:KHC:5527
                                              RSA No. 1758 of 2015




     AGED ABOUT 63 YEARS,
     R/AT NO.306, 2ND STAGE,
     5TH CROSS, BEHIND JSS PUBLIC SCHOOL,
     SIDDARTHA LAYOUT,
     MYSORE - 560 044.

3.   MYSORE CITY CORPORATION,
     MYSORE - 560 044,
     BY ITS COMMISSIONER.
                                                    ...RESPONDENTS
(BY SRI. K.K.VASANTH, ADVOCATE FOR C/R2)

      THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 3.7.2015 PASSED IN RA
NO.138/2003 ON THE FILE OF THE II ADDL. SENIOR CIVIL
JUDGE, MYSORE, DISMISSING THE APPEAL AND CONFIRMING
THE JUDGMENT AND DECREE DATED 19.2.2003 PASSED IN OS
NO.35/2001 ON THE FILE OF THE III ADDL. I CIVIL JUDGE
(JR.DN) MYSORE.

      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

                            JUDGMENT

The case is called out loudly in the Court. Both

Smt.Sangeetha Banerji and Sri.Debabrata Banarjee, GPA holder

remained absent. The appellant has not complied the order of

this Court passed on 01.09.2023.

NC: 2024:KHC:5527

Hence, the appeal is dismissed for non-prosecution and

non-compliance of the order dated 01.09.2023.

Sd/-

JUDGE

RKA