Karnataka High Court
Sri. M C Y Kumar Alias M C Yeshoda Kumar vs Smt. Boramma on 8 January, 2024
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
-1-
NC: 2024:KHC:840
RFA No. 817 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
REGULAR FIRST APPEAL NO. 817 OF 2021 (PAR)
BETWEEN:
SRI. M C Y KUMAR ALIAS
M C YESHODA KUMAR
AGED ABOUT 49 YEARS
RESIDING AT MALLIDEVANAHALLI
KALLUR HOBLI, THURUVEKERE TALUK
TUMKUR DISTRICT.
...APPELLANT
(BY SRI. B G VIJAYAKUMARA SWAMY., ADVOCATE (ABSENT))
AND:
1. SMT. BORAMMA
W/O LATE NARASIMHAIAH
AGED ABOUT 83 YEARS
R/AT NEXT TO SHILPA GRANITE
Digitally signed MAGADI MAIN ROAD
by KAMAKSHIPALYA,BANGALORE-560079.
DHANALAKSHMI
MURTHY
Location: High 2. SMT VIJAYALAKSHMI
Court of
Karnataka W/O SRI BEKKALLE NAGARAJU
AGED ABOUT 56 YEARS
R/AT NO.37, 4TH B CROSS
VINAYAKNAGAR
VRUSHABHAVATHI WARD
KAMAKSHIPALYA
BASAVESHWARANAGAR PO
BANGALORE-560079.
3. SMT GOWRAMMA
W/O LATE JAYARAM
-2-
NC: 2024:KHC:840
RFA No. 817 of 2021
AGED ABOUT 54 YEARS
R/AT C/O LATE SHIVANNA
RETIRED SCHOOL MASTER
VITTALAPURA VILLAGE
MAYASANDRA HOBLI
THURUVEKERE TALUK
TUMKUR DISTRICT.
4. SMT SARASWATHI
W/O SRI GOVINDARAJU
AGED ABOUT 46 YEARS
P AND T WORKER
THIRD MAIN ROAD
NEAR POLICE STATION
KEMPEGOWDA NAGAR
CHAMARAJPET, BANGALORE-560018.
5. SMT SUDHA
W/O SRI RUDRESH
AGED ABOUT 45 YEARS
R/AT 8TH CROSS
FIRST MAIN ROAD
MARIYAPPA LAYOUT
KOTTIGEPALYA
NEAR BEGGAR S COLONY
MAGADI MAIIN ROAD
BASAVESHWARANAGAR
BANGALORE-560079.
6. SRI GANGADHARA
S/O SRI NARASIMHAIAH
AGED ABOUT 43 YEARS
R/AT NEXT TO SHILPA GRANITE
MAGADI MAIN ROAD
KAMAKSHIPALYA
BANGALORE-560079.
7. SMT JAYAMMA
W/O LATE NARAYANAPPA
AGED ABOUT 70 YEARS
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NC: 2024:KHC:840
RFA No. 817 of 2021
8. LATE K N NARASIMHA MURTHY
SINCE DEAD BY HIS LR
SMT. VANAJAKSHI
W/O SRI K N NARASIMHA MURTHY
AGED ABOUT 41 YEARS
9. SRI MUNIRAJU
S/O LATE NARAYANAPPA
AGED ABOUT 46 YEARS
10. SRI CHANDRA K N
S/O LATE NARAYANAPPA
AGED ABOUT 44 YEARS
11. SRI RAVI K N
S/O LATE NARAYANAPPA
AGED ABOUT 42 YEARS
12. SRI GIRISH K N
S/O LATE NARAYANAPPA
AGED ABOUT 40 YEARS
13. SRI DHANU K N
S/O LATE NARAYANAPPA
AGED ABOUT 38 YEARS
R7 TO R13 ARE R/AT
GAJANANA ELECTRICALS
BEHIND JAYAMMA COMPLEX
OPP-BHADRAPPA ESTATE
SY.NO.53/7, MAGADI MAIN ROAD
KAMAKSHIPALYA, BANGALORE-560079.
14. SMT PARVATHAMMA
W/O SRI SHANTHARAJU
AGED ABOUT 53 YEARS
R/AT NO.36, GAYATHRINAGAR CO OP SOCIETY LTD.,
NEAR SUB-REGISTRAR S OFFICE
BASAVESHWARANAGAR
BANGALORE-560079.
-4-
NC: 2024:KHC:840
RFA No. 817 of 2021
15. SRI G K SHANTHARAJU
S/O LATE KALYANAMMA
D/O LATE MUNIYAPPA
AGED ABOUT 62 YEARS
R/AT NO.36 GHBS LAYOUT
BASAVESHWARANAGAR
BANGALORE-560079.
16. SRI NARAYANA
S/O LATE PUTTAMMA
AGED ABOUT 56 YEARS
R/AT SIGEHALLI AND POST
MAYASANDRA HOBLI
THURUVEKERE TALUK
TUMKUR DISTRICT.
17. SMT PREMA
S/O LATE PUTTAMMA
AGED ABOUT 41 YEARS
R/AT KAMAKSHIPALYA VILLAGE
NEAR UMA MAHESHWARI TEMPLE
BANGALORE NORTH TALUK
BANGALORE-560079.
...RESPONDENTS
THIS RFA IS FILED UNDER SECTION 96 OF CPC 1908
AGAINST THE JUDGMENT AND DECREE DATED 07.07.2020
PASSED ON I.A.NO.III IN OS.No.3461/2019 ON THE FILE OF
THE XXIX ADDITIONAL CITY CIVIL JUDGE, BENGALURU CITY,
ALLOWING THE I.A.NO.III FILED UNDER ORDER VII RULE
11(a) AND (d) OF CPC FOR REJECTION OF PLAINT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Inspite of granting opportunity for six times, the office
objections have not been complied with.
NC: 2024:KHC:840
2. Even when the matter was posted before the Registrar
for compliance of office objections, none appeared for the
appellant. Even today, the matter is posted before the Court
for compliance of office objections. When the matter was called
twice, there is no representation on behalf of the appellant and
the office objections have not been complied with. The suit filed
by the appellant/plaintiff is to set Aside the compromise
petition. The application filed by the respondents/defendants
under Order VII Rule 11(a) & (d) of CPC has been allowed and
the suit has been dismissed on the ground that the suit is not
maintainable under Order 23 Rule 3A of CPC. It appears that
the appellant is not interested in prosecuting the appeal.
3. Hence, the appeal is dismissed for default and non-
prosecution.
Sd/-
JUDGE
CM
