Sri Sathishkumar H O vs Smt Gayathri Devi @ Nirmala Devi
2024 Latest Caselaw 15071 Kant

Karnataka High Court

Sri Sathishkumar H O vs Smt Gayathri Devi @ Nirmala Devi on 28 June, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                                     -1-
                                                                   NC: 2024:KHC:24277
                                                                MFA No. 8182 of 2022




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                               DATED THIS THE 28TH DAY OF JUNE, 2024
                                                 BEFORE
                              THE HON'BLE MR JUSTICE RAVI V HOSMANI
                      MISCELLANEOUS FIRST APPEAL NO. 8182 OF 2022 (CPC)
                      BETWEEN:
                      1.    SRI SATHISHKUMAR H.O.,
                            S/O LATE H.M. OMKARSWAMI,
                            AGED 56 YEARS,

                      2.    SRI SURAJ H.S.,
                            S/O H.O. SATHISHKUMAR,
                            AGED ABOUT 26 YEARS,

                      3.    SRI JEETHENDRA H.S.,
                            S/O H.O. SATHISHKUMAR,
                            AGED ABOUT 22 YEARS,
                            ALL ARE R/O TYAGARAJANAGARA,
                            OPP T. TAHSILDAR QUARTERS,
                            TARIKERE 577 228.
                                                                        ...APPELLANTS
                      [BY SRI R.P. SOMASHEKHARAIAH, ADVOCATE (AB)]
                      AND:
                      1.    SMT. GAYATHRI DEVI @ NIRMALA DEVI,
Digitally signed by         D/O LATE H.M. OMKARSWAMY,
GEETHAKUMARI                W/O LATE S. PRABHUDEV,
PARLATTAYA S
                            AGED ABOUT 61 YEARS, R/O PURVA PALM,
Location: High
Court of Karnataka          BEHIND 'L' BLOCK, VADARPALYA,
                            HENNUR GARDENS,
                            BENGALURU 560 077.

                      2.    SRI SADANANDA SWAMY,
                            S/O LATE H.M. OMKARASWAMY,
                            AGED ABOUT 64 YEARS,
                            R/O 11TH CROSS, VIDYANAGARA NEAR,
                            R/O KODICAMP,
                            LINGADAHALLI ROAD,
                            TARIKERE 577 228,
                            CHIKMAGALUR DISTRICT.
                                -2-
                                               NC: 2024:KHC:24277
                                            MFA No. 8182 of 2022




3.   SRI T.R. NAGARAJ,
     S/O LATE REVANNA,
     AGED ABOUT 75 YEARS,
     RA/T KODICAMP, LINGADAHALLI ROAD,
     TARIKERE 577 228.

                                                  ...RESPONDENTS
     THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED 05.01.2022 PASSED ON I.A. NO.1 IN
O.S.NO.82/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
PRINCIPAL J.M.F.C., TARIKERE, ALLOWING THE I.A. NO.1 FILED
UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC.

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

                          JUDGMENT

Since matter was listed for non-compliance of office

objections for 7th time, as a final opportunity, appellant was

permitted to comply with office objections during course of day.

2. It is reported that appellant has not complied office

objections. Hence, there is no other option than to conclude

that appellant is not interested in pursuing this appeal.

3. Hence, appeal is dismissed for non-prosecution.

Sd/-

JUDGE

PSG