Sri.A.Madhusudhan vs Mr.A.Vasanthasa
2024 Latest Caselaw 28054 Kant

Karnataka High Court

Sri.A.Madhusudhan vs Mr.A.Vasanthasa on 23 November, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                              -1-
                                                             NC: 2024:KHC:47801
                                                           RFA No. 1590 of 2013




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 23RD DAY OF NOVEMBER, 2024

                                            BEFORE
                             THE HON'BLE MR JUSTICE H.P.SANDESH
                         REGULAR FIRST APPEAL NO. 1590 OF 2013 (PAR)
                   BETWEEN:

                   SRI.A.MADHUSUDAN
                   AGED ABOUT 38 YEARS
                   S/O LATE H.G.ASWATHANARAYANA
                   R/AT NO.10/4, 5TH MAIN ROAD
                   19TH CROSS, BHUVANESHWARI NAGAR
                   KP AGRAHARA, MAGADI ROAD, BANGALORE-23          ...APPELLANT

                   (BY SRI. R B SADASIVAPPA, ADV.(ABSENT))

                   AND:

                   1.     MR.A.VASANTHASA
                          S/O LATE H.G.ASWATHANARAYANA
                          AGED ABOUT 41 YEARS,
                          R/AT NO.636, NEW BINNY LAYOUT,
                          1ST CROSS, BANGALORE-23.
Digitally signed
by DEVIKA M        2.     MR.A GAJUNDRASA
Location: HIGH            S/O LATE H G ASWATHANARAYANA
COURT OF                  AGED ABOUT 39 YEARS
KARNATAKA
                          R/AT NO.U-6/3, 9TH CROSS
                          3RD MAIN ROAD, K P AGRAHARA
                          MAGADI ROAD, BHUVANESHWARI NAGAR
                          BANGALORE-23.

                   3.     SMT.GEETHA BAI
                          D/O LATE H.G.VALLABHARAYA
                          AGED ABOUT 48 YEARS
                          R/AT NO.U-6/2, 9TH CROSS
                          3RD MAIN ROAD, K.P.AGRAHARA
                          MAGADI ROAD, BHUVANESHWARI NAGAR
                          BANGALORE-23.
                            -2-
                                       NC: 2024:KHC:47801
                                    RFA No. 1590 of 2013




4.   SRI.H.G.NAGARAJ
     S/O LATE GIDDAPPA
     AGED ABOUT 63 YEARS
     R/AT NO.U-6/1, 9TH CROSS
     3RD MAIN ROAD, KP AGRAHARA
     MAGADI ROAD, BHUVANESHWARI NAGAR
     BANGALORE-23.

5.   SRI H.G.SOMNATH
     S/O LATE GIDDAPPA
     AGED ABOUT 55 YEARS
     R/AT NO.53, 1ST MAIN ROAD
     6TH CROSS, KP AGRAHARA
     MAGADI ROAD
     MARIYAPPANAPALYA NAGAR
     BANGALORE-23.                          ...RESPONDENTS

(BY SMT. R MANJULA, ADV. FOR R1, R2 & R4;
    R3 SERVED BUT UNREPRESENTED;
    VIDE ORDER DATED 22.11.2022;
    R5 CALLED BUT ABSENT BY WAY OF
    PAPER PUBLICATION)

     THIS RFA IS FILED UNDER SECTIN 96 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 28.3.2013 PASSED IN
O.S.NO.7461/2010 ON THE FILE OF THE XXII ADDL. CITY
CIVIL & SESSIONS JUDGE, BANGALORE, DISMISSING THE
SUIT FOR PARTITION, SEPARATE POSSESSION, DECLARATION,
MESNE PROFITS AND PERMANENT INJUNCTION.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

         CORAM:   HON'BLE MR JUSTICE H.P.SANDESH

                   ORAL JUDGMENT

This appeal was admitted in the year 2022 and while

admitting it, twelve weeks time was granted to file the

NC: 2024:KHC:47801

paper book. Once again on 01.02.2024, two weeks time

was granted to file the paper book and again on

15.07.2024, finally four weeks time was granted to file the

paper book, failing which the appellant would be liable to

pay cost of Rs.5,000/-. Inspite of this order, the appellant

has failed to file the paper book and has not paid the cost

also.

2. Hence, the appeal is dismissed for non-filing of

the paper book.

Sd/-

(H.P.SANDESH) JUDGE

HA