Sri V Aravind vs Sri B M Erappa
2024 Latest Caselaw 27872 Kant

Karnataka High Court

Sri V Aravind vs Sri B M Erappa on 20 November, 2024

                                            -1-
                                                      NC: 2024:KHC:47081
                                                  RSA No. 1572 of 2021




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 20TH DAY OF NOVEMBER, 2024

                                       BEFORE
                      THE HON'BLE MR JUSTICE ASHOK S.KINAGI
                   REGULAR SECOND APPEAL NO. 1572 OF 2021 (PAR)
              BETWEEN:

                    SRI. V. ARAVIND,
                    S/O M.E. VENKATAMUNI,
                    AGE ABOUT 34 YEARS,
                    R/AT BUSALAKUNTE,
                    MULBAGAL TOWN,
                    KOLAR DISTRICT.
                                                            ...APPELLANT
              (BY SMT. PUSHPANJALI R., ADVOCATE FOR
                  SRI. SHESHADRI N.S., ADVOCATE)

              AND:

              1.    SRI. B.M. ERAPPA,
Digitally
signed by           S/O LATE MUNIVENKATAPPA,
SUNITHA K S         AGED ABOUT 88 YEARS,
Location:           R/AT BUSALAKUNTE,
HIGH COURT
OF                  MULBAGAL TOWN,
KARNATAKA           KOLAR DISTRICT.

              2.    SRI. M.E. VENKATMUNI,
                    S/O ERAPPA,
                    AGED ABOUT 63 YEARS,
                    R/AT BUSALAKUNTE,
                    MULBAGAL TOWN,
                    KOLAR DISTRICT.
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                                     NC: 2024:KHC:47081
                                   RSA No. 1572 of 2021




3.   SRI. M.E. CHANDRAPPA
     S/O ERAPPA,
     AGED ABOUT 53 YEARS,
     R/AT MUTHYALPET,
     MULBAGAL TOWN,
     KOLAR DISTRICT.

4.   SMT. VENKATALAKSHMAMMA,
     D/O WRAPPA,
     W/O GANTALAPPA,
     AGED ABOUT 55 YEARS,
     R/AT BUSALAKUNTE,
     MULBAGAL TOWN,
     KOLAR DISTRICT.

5.   SRI. ABDUL RAHAMAN
     S/O BABASAB,
     AGE ABOUT 61 YEARS,
     R/AT HYDARNAGAR,
     MULBAGAL TOWN,
     MULBAGAL TALUK.
                                        ...RESPONDENTS
      THIS RSA IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 21.09.2019
PASSED IN RA.No.88/2018 ON THE FILE OF THE I ADDITIONAL
DISTRICT JUDGE, KOLAR, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED 14.03.2018
PASSED IN OS No.245/2012 ON THE FILE OF THE SENIOR
CIVIL JUDGE, MULBAGAL.

      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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                                            NC: 2024:KHC:47081
                                          RSA No. 1572 of 2021




CORAM:     HON'BLE MR JUSTICE ASHOK S.KINAGI


                         ORAL JUDGMENT

This appeal was filed on 08.02.2021. Office has raised

certain objections. The matter was listed before the Court on

28.10.2024, 28.06.2024 and on 18.01.2024. Though sufficient

time was granted and inspite of imposing cost, the appellant is

not complying the office objections.

2. Today the matter is listed for the sixth time for

compliance of the office objections. Learned Counsel for the

appellant submits that the appellant is not responding to the

call. Counsel's submission is placed on record.

3. Though the appeal is of the year 2021, the

appellant has not complied with the office objections. It seems

that the appellant is not interested in prosecuting the appeal.

Accordingly, the appeal is dismissed for non-compliance of

office objections.

Sd/-

(ASHOK S.KINAGI) JUDGE JJ