Padamchand vs Pratap
2024 Latest Caselaw 6658 Kant

Karnataka High Court

Padamchand vs Pratap on 6 March, 2024

                                                -1-
                                                      CRL.A No. 1097 of 2021
                                                             NC: 2024:KHC:9370




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 6TH DAY OF MARCH, 2024

                                            BEFORE
                             THE HON'BLE MS JUSTICE J.M.KHAZI
                             CRIMINAL APPEAL NO.1097 OF 2021
                   BETWEEN:

                   PADAMCHAND
                   SINCE DEAD BY LRs

                   1.     SMT. HEMALATHA,
                          W/O LATE PADAMCHAND
                          AGED ABOUT 44 YEARS

                   2.     KUM. SUMAN,
                          D/O LATE PADAMCHAND
                          AGED ABOUT 44 YEARS

                   3.     KUM. RAKSHITHA,
                          D/O LATE PADAMCHAND
                          AGED ABOUT 20 YEARS

                   4.     PRATHIK,
Digitally signed          S/O LATE PADAMCHAND
by REKHA R                AGED ABOUT 18 YEARS
Location: High
Court of                  1 TO 4 ARE RESIDING AT NO.74/2,
Karnataka                 1ST CROSS, M.M.STREET, MADIVALA,
                          BENGALURU - 560 068
                                                             ...APPELLANTS
                   (BY SRI. D.N.RAMACHANDRAPPA, ADVOCATE - ABSENT)

                   AND:

                        PRATAP
                        S/O MUNICHINNAPPA
                        AGED ABOUT 32 YEARS
                        R/AT NO.231/A, V P ROAD
                        OPP. MUNICHINNAMMA TEMPLE
                               -2-
                                          CRL.A No. 1097 of 2021
                                               NC: 2024:KHC:9370




    MADIVALA
    BENGALURU - 560 068
                                                   ...RESPONDENT
(BY SRI. ASHWATH U, ADVOCATE)

     THIS CRL.A IS FILED UNDER SECTION 397 R/W SECTION
401 OF CR.P.C PRAYING TO EXAMINE THE LEGALITY,
PROPRIETY AND CORRECTNESS OF THE JUDGMENT AND
ORDER PASSED IN APPEAL NO.1293/2015 BY THE LXII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
CITY (CCH-63), DATED 02.03.2017 AND SET ASIDE THE
JUDGMENT AND ORDER PASSED IN THE ABOVE CASE AND
CONFIRM THE JUDGMENT AND ORDER PASSED ON 14.09.2015
IN C.C.NO.26798/2011 BY THE XIII ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, BENGALURU CITY AND SUCH
OTHER RELIEFS AS THIS HON'BLE COURT DEEMS FIT IN THE
CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE
AND EQUITY.

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

                           JUDGMENT

No representation for appellants.

No representation for appellants even in the

afternoon session.

This matter is coming for fifth time for non

compliance of office objections.

On 08.11.2022, a conditional order was passed to

the effect that if office objections are not complied with by

the next date of hearing, necessary orders would be

NC: 2024:KHC:9370

passed for dismissal of appeal. Despite granting sufficient

time, office objections are not complied with.

It appears appellants are not interested in

prosecuting the appeal.

Hence, appeal is dismissed for default.

Sd/-

JUDGE

RR