Smt Muniyamma vs Sri Rangaswamaiah
2024 Latest Caselaw 1399 Kant

Karnataka High Court

Smt Muniyamma vs Sri Rangaswamaiah on 16 January, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                               -1-
                                                         NC: 2024:KHC:1968
                                                      RFA No. 1377 of 2020




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 16TH DAY OF JANUARY, 2024

                                             BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                    REGULAR FIRST APPEAL NO. 1377 OF 2020 (DEC/INJ)
                   BETWEEN:

                   SMT MUNIYAMMA
                   W/O LATE CHOWDAPPA
                   AGED ABOUT 70 YEARS
                   RESIDING AT NO.52/2
                   8TH CROSS, 1ST MAIN
                   MALLESHPALYA, NEW THIPPASANDRA POST
                   BANGALORE-560075.
                                                              ...APPELLANT
                   (BY SMT. BHARATHI M.,ADVOCATE [ABSENT])

                   AND:

                   1.    SRI RANGASWAMAIAH
                         S/O LATE RANGAPPA
                         AGED ABOUT 58 YEARS
Digitally signed
by                       RESIDING AT NO.3, 3RD MAIN
DHANALAKSHMI             3RD CROSS, MALLESHPALYA
MURTHY
                         NEW THIPPASANDA POST
Location: High
Court of                 BANGALORE-560075.
Karnataka

                   2.    SATHYANARAYANA
                         S/O LATE SUBBAIAH
                         AGED ABOUT 50 YEARS

                   3.    SMT LALITHA
                         D/O LATE SUBBAIAH
                         AGED ABOUT 44 YEARS

                   4.    SRI YUVARAJ
                         S/O LATE SUBBAIAH
                                -2-
                                          NC: 2024:KHC:1968
                                       RFA No. 1377 of 2020




    AGED ABOUT 40 YEARS
    R2 TO R4 ARE RESIDING AT NO.140
    K H RANGANATHA COLONY
    J J R NAGAR, NEAR MARAMMA TEMPLE
    BANGALORE-560018.
                                            ...RESPONDENTS
(BY SRI. GANESH BHAT Y H., ADVOCATE FOR C/R1)

     THIS RFA IS FILED UNDER SECTION 96 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 20.12.2019
PASSED IN OS.NO.587/2014 ON THE FILE OF THE XXXVII
ADDITIONAL CITY CIVIL JUDGE (CCH-38) BANGALORE,
DISMISSING THE SUIT FOR PERMANENT INJUNCTION.

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

                            JUDGMENT

When the matter was posted before the Registrar for

compliance of office objections, for the fifth time, none

appeared for the appellant and the office objections have

not been complied with.

2. On 08.01.2024, the matter was posted before the

Court for compliance of office objections. None appeared

for the appellant in both the sessions and the office

objections have not been complied with. Hence, the

matter was ordered to be posted on 09.01.2024 at the top

of the list for 'orders'.

NC: 2024:KHC:1968

3. Even on 09.01.2024, when the matter was called

in both the sessions, none appeared for the appellant and

the office objections have not been complied with and the

matter was ordered to be posted to today at the top of the

list under the caption 'for dismissal'.

4. Today, when the matter is called in both the

sessions, none appeared for the appellant and the office

objections have not been complied with. It appears that

the appellant is not interested in prosecuting the appeal.

5. Hence, the appeal is dismissed for default and non-

prosecution.

Sd/-

JUDGE

CM