Sri T G Chandrashekar vs Sri T G Rajashekar
2024 Latest Caselaw 12093 Kant

Karnataka High Court

Sri T G Chandrashekar vs Sri T G Rajashekar on 30 May, 2024

Author: Hanchate Sanjeevkumar

Bench: Hanchate Sanjeevkumar

                                                  -1-
                                                             NC: 2024:KHC:18681
                                                            RFA No. 575 of 2018




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                DATED THIS THE 30TH DAY OF MAY, 2024

                                               BEFORE
                       THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
                           REGULAR FIRST APPEAL NO. 575 OF 2018 (PAR/INJ)
                      BETWEEN:

                      SRI. T. G. CHANDRASHEKAR,
                      S/O. N. GANGADARAIAH,
                      AGED ABOUT 36 YEARS,
                      R/AT NO.2011/2321,
                      MALLATHAHALLI VILLAGE,
                      YESHWANTHPURA HOBLI,
                      BENGALURU NORTH TALUK.
                                                                   ...APPELLANT
                      (BY SRI. YOGESH M. DESAI.,ADVOCATE)

                      AND:

                      1.    SRI. T. G. RAJASHEKAR,
                            S/O. N. GANGADHARAIAH,
Digitally signed by
BASAVARAJU                  AGED ABOUT 38 YEARS,
PAVITHRA
Location: HIGH
                            R/AT NO.143, 2ND CROSS,
COURT OF                    5TH BLOCK, 2ND STATE,
KARNATAKA
                            NAGARBHAVI,
                            BENGALURU - 560 072.

                      2.    N. GANGADHARAIAH,
                            S/O. V. NAGAPPA,
                            AGED ABOUT 70 YEARS,
                            R/AT NO.143, 2ND CROSS,
                            5TH STAGE, 2ND BLOCK,
                            NAGARBHAVI,
                            BENGALURU - 560 072.
                             -2-
                                        NC: 2024:KHC:18681
                                       RFA No. 575 of 2018




3.   SMT. T. G. ANITHA,
     D/O. N. GANGADHARAIAH,
     AGED ABOUT 41 YEARS,
     R/AT NO.23/2, "ASHIRWAD"
     5TH CROSS, L. N. COLONY,
     YESHWANTHAPURA,
     BENGALURU - 560 022.

4.   SMT. T. G. MAMATHA,
     D/O. N. GANGADARIAH,
     AGED ABOUT 39 YEARS,
     R/AT NO.759, KCS LAYOUT,
     JNANA BHARATHI POST,
     BENGALURU - 560 056.
                                           ...RESPONDENTS
     RFA FILED UNDER ORDER XLI RULE 1 R/W SEC.96 OF
CPC, AGAINST THE JUDGMENT AND DECREE DATED
01.12.2016 PASSED IN O.S.NO.5879/2012 ON THE FILE OF
THE 42nd ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU, PARTLY DECREEING THE SUIT FOR PARTITION
AND INJUNCTION AND ETC.,

     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
                       JUDGMENT

The appeal is filed on 23.03.2018. The office has

raised 11 objections to make the appeal papers are in

orders. But till today office objections have not been

removed/complied with. Several opportunities were given

to comply with office objections, but not complied with the

same.

NC: 2024:KHC:18681

2. On earlier occasion i.e., on 24.02.2021 this

Court by detailed order has dismissed the appeal for non-

compliance of office objections/non-prosecution and for

non-payment of cost. Later on, the said order was recalled

by this Court and granted some more time to comply with

office objections, but till today the office objections were

not complied with. Today also the appellant is called out,

but remained absent.

3. Therefore, the appeal is dismissed for non-

compliance of office objections.

4. Pending IAs' if any, does not survive for

consideration and it is also dismissed.

Sd/-

JUDGE

SRA