B V Ambikamma vs Smt Shanthi
2024 Latest Caselaw 777 Kant

Karnataka High Court

B V Ambikamma vs Smt Shanthi on 9 January, 2024

Author: M.G.S. Kamal

Bench: M.G.S. Kamal

                                            -1-
                                                        NC: 2024:KHC:1055
                                                    RSA No. 2382 of 2018




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 9TH DAY OF JANUARY, 2024

                                         BEFORE
                         THE HON'BLE MR JUSTICE M.G.S. KAMAL
                    REGULAR SECOND APPEAL NO. 2382 OF 2018 (PAR)
               BETWEEN:

               1.    B.V. AMBIKAMMA,
                     W/O LATE V. PALANI,
                     AGED ABOUT 55 YEARS,
                     REPRESENTED BY GPA HOLDER
                     S.P. SHIVANANDA,
               2.    S.P. SHIVANANDA,
                     S/O LATE V. PALANI,
                     AGED ABOUT 36 YEARS,
                     PARTY-IN-PERSON,
               3.    PRASAD KARTHIK,
                     S/O LATE V. PALANI,
                     AGED ABOUT 34 YEARS,
                     REPRESENTED BY GPA HOLDER S.P. SHIVANANDA,
Digitally
signed by      4.    P. RASHMI D/O LATE V. PALANI,
SUMA B N             AGED ABOUT 25 YEARS,
Location: High       REPRESENTED BY GPA HOLDER S.P. SHIVANANDA,
Court of
Karnataka
                     ALL ARE LEGAL HEIRS OF V. PALANI,
                     S/O LATE K. VELU MUDALIAR THE PLAINTIFF
                     IN TRIAL COURT AND APPELLANT IN
                     APPELLATE COURT AND RESIDENTS OF
                     MIG 262/MSB, 8TH CROSS, I MAIN ROAD,
                     GOPISHETTYKOPPA, GOPALA,
                     SHIVAMOGGA - 577 205.
                                                               ...APPELLANTS
               (BY SRI. RAMACHANDRAPPA M, ADVOCATE)
                            -2-
                                          NC: 2024:KHC:1055
                                       RSA No. 2382 of 2018




AND:

1.   SMT. SHANTHI,
     W/O TAILOR SRI SHANMUGAM,
     HINDU, AGED ABOUT 50 YEARS,
     R/O TUNGA NAGARA, GOPALA,
     SHIVAMOGGA - 577 205.

2.   SMT. MEENAKSHI,
     W/O LATE SRI. RENU,
     HINDU, AGED ABOUT 48 YEARS,

3.   SMT. R. KAVITHA,
     D/O LATE SRI. RENU,
     HINDU, AGED ABOUT 28 YEARS,

4.   R. KARTHIK,
     S/O LATE SRI. RENU,
     HINDU, AGED ABOUT 26 YEARS,

     SL. NO. 2, 3 AND 4 ARE
     LEGAL HEIRS OF LATE SRI. RENU,
     S/O LATE SRI. K. VELU MUDALIAR,
     AND R/O OPP ROAD OF MASTAMBIKA TEMPLE,
     GUNDAPPA SHED, SHIVAMOGGA - 577 201.

5.   SRI. SAMPATH KUMAR,
     S/O LATE SRI. K. VELU MUDALIAR,
     HINDU, AGED ABOUT 48 YEARS,
     R/O SITE NO.21, SURVEY NO.27,
     7TH CROSS, ANNA NAGARA,
     SHIVAMOGGA - 577 201.
                                            ...RESPONDENTS
     THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 29.08.2018
PASSED IN RA.NO.67/2013 ON THE FILE OF THE III
                                  -3-
                                                  NC: 2024:KHC:1055
                                             RSA No. 2382 of 2018




ADDITIONAL DISTRICT JUDGE, SHIVAMOGGA, DISMISSING
THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED 22.01.2013 PASSED IN O.S.NO.82/2011 ON THE FILE
OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM,
SHIVAMOGGA.

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

                          JUDGMENT

Since office objections were not complied despite

providing sufficient opportunity, by order dated 03.01.2024,

this Court had again granted time to appellants to comply office

objections, making clear that, if office objections were not

complied by next date of hearing, the appeal would stand

dismissed. Even today, there is neither any representation on

behalf of the appellants nor the office objections are cleared.

Thus, it is clear that the appellants are not interested in

prosecuting the matter.

2. The appeal is dismissed for non-prosecution.

Sd/-

JUDGE

NMS CT: BHK