Sri Manjunath vs Smt Siddagangamma
2024 Latest Caselaw 4361 Kant

Citation : 2024 Latest Caselaw 4361 Kant
Judgement Date : 13 February, 2024

Karnataka High Court

Sri Manjunath vs Smt Siddagangamma on 13 February, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                               -1-
                                                           NC: 2024:KHC:6110
                                                        RFA No. 192 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 13TH DAY OF FEBRUARY, 2024

                                            BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                    REGULAR FIRST APPEAL NO. 192 OF 2023 (PAR/POS)


                   BETWEEN:

                   SRI MANJUNATH
                   S/O LATE GANGAPPA
                   AGED ABOUT 37 YEARS
                   R/AT NO 35/3 -1 3RD CROSS
                   13TH MAIN HOSAHALLI
                   VIJAYANAGARA BANGALORE - 560040
                                                               ...APPELLANT
                   (BY SRI. V SIDDESH.,ADVOCATE [ABSENT)

                   AND:

                   1.    SMT SIDDAGANGAMMA
                         W/O LATE VENKATESH
Digitally signed
                         AGED ABOUT 51 YEARS
by HEMALATHA
A
                   2.    SMT GHANAVATHI
Location: High
Court of                 D/O NARAYANAPPA
Karnataka                AGED ABOUT 33 YEARS

                         BOTH ARE R/AT NO.35/3-1. 3RD CROSS
                         13TH MAIN HOSAHALLI
                         VIJAYANAGARA
                         BENGALURU-560 040.

                   3.    SRI SRINIVASA
                         S/O LATE GANGAPPA
                         AGED ABOUT 38 YEARS
                         R/AT NO MARASANDRA VILLAGE
                          -2-
                                     NC: 2024:KHC:6110
                                   RFA No. 192 of 2023




     BENGALURU ROAD
     DODDABALLAPURA - 561203.

4.   SMT MANJULA
     D/O LATE RAMAKRISHNAPPA
     AGED ABOUT 30 YEARS
     R/AT NO 31, RAJGOPALANAGAR
     PEENYA 2ND STAGE
     GANAPATHI TEMPLE ROAD
     BEHIND GURU KRUPA
     MEDICAL STORE
     BENGALURU - 560058.

5.   SRINIVAS
     S/O LATE MARAPPA
     AGED ABOUT 50 YEARS
     R/AT NEAR MARAMMA TEMPLE
     JAYANNA CIRCLE
     RAJARAJESHWARI NAGAR
     BENGALURU - 560056
                                      ...RESPONDENTS


      THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41

RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE

DATED 18.08.2018 PASSED IN OS NO.2906/2017    ON THE

FILE OF THE 69TH ADDITIONAL CITY CIVIL AND SESSIONS

JUDGE, BANGALORE, ALLOWING THE SUIT FOR PARTITION

AND SEPARATE POSSESSION.


      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:
                              -3-
                                            NC: 2024:KHC:6110
                                        RFA No. 192 of 2023




                          JUDGMENT

When the matter was posted before the Registrar

for non-compliance of office objections for the third time,

none appeared for the appellant and the office objections

were not complied with.

2. The matter was posted for non-compliance of

office objections before the Court on 22.09.2023. On that

day, none appeared for the appellant and the office

objections were not complied with, two weeks time was

granted for compliance of office objections.

3. Even, when the matter was listed on

07.02.2024, none appeared for the appellant in both the

sessions and the office objections were not complied with.