Smt.Hemalatha vs Smt. Kuppammal
2024 Latest Caselaw 26940 Kant

Karnataka High Court

Smt.Hemalatha vs Smt. Kuppammal on 11 November, 2024

Author: K.Natarajan

Bench: K.Natarajan

                                             -1-
                                                          NC: 2024:KHC:45515
                                                        RFA No. 1119 of 2015




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 11TH DAY OF NOVEMBER, 2024

                                          BEFORE
                           THE HON'BLE MR JUSTICE K.NATARAJAN
                          REGULAR FIRST APPEAL NO. 1119 OF 2015


                   BETWEEN:

                   SMT.HEMALATHA
                   W/O SHIVAKUMAR C,
                   D/O KUPPAMMAL,
                   AGED ABOUT 23 YEARS,
                   R/A NO.683/42, 3RD MAIN ROAD,
                   3RD CROSS, NEAR AYYAPPA TEMPLE,
                   PRAKASHNAGAR, BENGALURU-560021
                                                                ...APPELLANT
                   (BY SRI. VIJAYAKUMAR G BAGOJI., ADVOCATE (ABSENT))

                   AND:

                   1.   SMT. KUPPAMMAL
Digitally signed
by JUANITA              W/O MALLIKARJUNA,
THEJESWINI              AGED ABOUT 53 YEARS,
Location: HIGH          R/A NO.33/A, 1ST CROSS,
COURT OF
KARNATAKA               1ST MAIN ROAD, PRAKASHANAGAR,
                        BENGALURU-560021

                   2.   VIJAYKUMAR M
                        S/O MALLIKARJUNA,
                        AGED ABOUT 35 YEARS,
                        R/A NO.33/A, 1ST CROSS,
                        1ST MAIN ROAD, PRAKASHANAGAR,
                        BENGALURU-560021
                             -2-
                                       NC: 2024:KHC:45515
                                     RFA No. 1119 of 2015




3.   SMT MANJULA
     W/O RAMESH,
     D/O MALLIKARJUNA,
     AGED ABOUT 33 YEARS,
     R/A NO.33/A, 1ST CROSS,
     1ST MAIN ROAD, PRAKASHANAGAR,
     BENGALURU-560021
                                          ...RESPONDENTS
(R1 SERVED, BUT UNREPRESENTED
 V/O DT. 30/09/2024, R2 & R3 STANDS DISMISSED)

     THIS RFA IS FILED UNDER SEC.96 OF CPC., R/W ORDER
XLI RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE
DATED 26.06.2015 PASSED IN O.S.NO.4272/2012 ON THE FILE
OF THE IX ADDL.CITY CIVIL AND SESSIONS JUDGE AT
BANGALORE(C.C.H.5), DISMISSING THE SUIT FOR PARTITION
AND ETC.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:   HON'BLE MR JUSTICE K.NATARAJAN


                   ORAL JUDGMENT

Learned Counsel for the appellant has remained

absent. A perusal of the order sheet reveals that even on

16.10.2024, learned Counsel remained absent.

2. Respondent No.1 is served and unrepresented.

Case against respondents No.2 and 3 has been dismissed

for not taking steps. The order sheet dated 30.09.2024

also reveals that appellant's counsel has not taken any

NC: 2024:KHC:45515

steps and has remained absent. Even the order sheet

dated 26.09.2024 reveals that appellant's counsel has

remained absent continuously. It shows that the

appellant's counsel is not interested in prosecuting the

appeal.

3. Hence, the appeal is dismissed for non

prosecution.

Sd/-

(K.NATARAJAN) JUDGE

JT/-

CT: JL