Sri N Venkatesh vs N Rajamma
2024 Latest Caselaw 508 Kant

Karnataka High Court

Sri N Venkatesh vs N Rajamma on 5 January, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                                -1-
                                                             NC: 2024:KHC:630
                                                          RFA No. 445 of 2020




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 5TH DAY OF JANUARY, 2024

                                           BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                         REGULAR FIRST APPEAL NO. 445 OF 2020 (PAR)
                   BETWEEN:

                   SRI. N VENKATESH
                   AGED ABOUT 62 YEARS
                   S/O LATE NARAYANAPPA
                   RESIDING AT NO 121 RAJKUMAR ROAD
                   WARD NO 4, KOTE NEW EXTENSION
                   KENGERI BENGALURU-560060.
                                                                 ...APPELLANT
                   (BY SRI. R. RAMESHCHANDRA, ADVOCATE AND
                   SRI. Y.C.SURESHA., ADVOCATE [ABSENT])
                   AND:

                   1.    N RAJAMMA
                         D/O SMT JAYALAKSHMI & MUNIRAJU
                         AGED ABOUT 48 YEARS
Digitally signed         R/AT NO 148 VASUDHA NILAYA
by                       SHANTHIVILAS LAYOUT
DHANALAKSHMI
MURTHY                   (BEHIND BETHASTA SCHOOL)
Location: High           KENGERI SATELLITE TOWN
Court of
Karnataka                BANGALORE - 560060.

                   2.    SRI GOVINDSWAMY
                         AGED ABOUT 65 YEARS
                         S/O LATE NARAYANAPPA

                   3.    SRI SHAILAJA
                         AGED ABOUT 45 YEARS
                         D/O LATE SRI NARAYANAPPA

                   4.    SRI KRISHNA
                         AGED ABOUT 43 YEARS
                               -2-
                                            NC: 2024:KHC:630
                                        RFA No. 445 of 2020




     S/O LATE SRI NARAYANAPPA

5.   SMT KALAVATHI
     AGED ABOUT 39 YEARS
     D/O SRI NARAYANAPPA
     R2 TO R5 ARE RESIDING AT NO 121
     RAJKUMAR ROAD,WARD NO 4
     KOTE NEW EXTENSION
     KENGERI BANGALORE-560060.

6.   SMT S KAMALA
     AGED ABOUT 54 YEARS
     W/O SRI V DESHIKASHARI
     NO C101 ARVIND ASHIRVAD
     KODIHALLI MAIN ROAD
     SAHAKARANAGAR BANGALORE - 560092
                                            ...RESPONDENTS
     THIS RFA IS FILED UNDER SECTION 96 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 04.09.2019
PASSED IN OS No.25319/2009 ON THE FILE OF THE XXVIII
ADDL.CITY CIVIL AND SESSIONS JUDGE AT MAYO HALL UNIT
(CCH No-28) BENGALURU PARTLY DECREEING THE SUIT FOR
PARTITION.

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

                           JUDGMENT

When the matter was listed on 20.07.2023, none

appeared for the appellant. This Court granted finally a

week's time to comply with the office objections, failing

which, it may proceed to pass appropriate order including

dismissal of the appeal.

NC: 2024:KHC:630

2. When the matter was posted on 18.12.2023,

none appeared for the appellant. This Court observed that

even after three years, office objections have not been

complied with and finally granted two weeks time to

comply with the office objections, subject to payment of

cost of Rs.500/- payable to Karnataka State Legal Services

Committee, High Court of Karnataka, Bengaluru.

3. Till today, neither the office objections are

complied with nor cost of Rs.500/- has been paid.

4. Even today also, when the matter was called in

the morning session, none appeared for the appellant.

Even in the afternoon session also, there is no

representation on behalf of the appellant. 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