Sri Chinna Reddy vs Sri Prakash Reddy
2024 Latest Caselaw 25242 Kant

Karnataka High Court

Sri Chinna Reddy vs Sri Prakash Reddy on 22 October, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                                 -1-
                                                          NC: 2024:KHC:42512
                                                        RFA No. 1067 of 2008




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 22ND DAY OF OCTOBER, 2024

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                         REGULAR FIRST APPEAL NO. 1067 OF 2008 (DEC)

                   BETWEEN:

                   1.     SRI CHINNA REDDY
                          SINCE DEAD BY HIS LR

                   1(a) SMT. DHANALAKSHMI
                        D/O LATE CHINNA REDDY
                        AGED ABOUT 48 YEARS
                        R/AT NO.222, HANUMAPPA ROAD
                        BEHIND SRIRAMA TEMPLE
                        NEW THIPPASANDRA
                        BENGALURU-560075.
                                                                ...APPELLANT

                              (BY SRI. P.N. NANJA REDDY, ADVOCATE)
                   AND:
Digitally signed
by DEVIKA M        1.    SRI PRAKASH REDDY
Location: HIGH           S/O LATE SRI.PAPAIAH REDDY
COURT OF                 AGED ABOUT 35 YEARS,
KARNATAKA

                   2.    SRI SRINIVASA REDDY
                         S/O LATE SRI.PAPAIAH REDDY
                         AGED ABOUT 32 YEARS,

                         BOTH ARE RESIDING AT
                         CHANNEL MAIN ROAD,
                         SHAMANNA LAYOUT, ULSOOR,
                         BENGALURU-560 008.

                   3.    SMT. LALITHAMMA
                         W/O SHAMANNA REDDY,
                                  -2-
                                              NC: 2024:KHC:42512
                                            RFA No. 1067 of 2008




     R/AT KAGGADASAPURA
     C.V.RAMAN NAGAR POST,
     BENGALURU-560 093.

4.   SMT. GAJALAKSHMAMMA
     W/O LATE K.G.SRINIVASA REDDY
     R/AT KAGGADASAPURA
     C.V.RAMAN NAGAR POST
     BENGALURU-560 093.

     (VIDE ORDER DATED 27.02.2012, R4 IS DELETED)

                                                 ...RESPONDENTS

 (BY SRI. G.A. SRIKANTE GOWDA, ADVOCATE FOR R1 TO R2;
      SRI P.V.CHANDRASHEKHAR, ADVOCATE FOR R3;
      VIDE ORDER DATED 27.02.2012, R4 IS DELETED)

    THIS RFA IS FILED U/S 96 OF CPC, AGAINST THE
JUDGEMENT AND DECREE DATED 31.05.2008 PASSED IN
OS.NO.5853/1995 ON THE FILE OF THE XVI ADDL.CITY CIVIL
JUDGE, BANGALORE, CCH-28, DISMISSING THE SUIT FOR
DECLAATION AND MANDATORY 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 Court, having noticed non-appearance of the

appellant and also not carrying out the amendment, granted a

week's time to amend the cause title to bring the legal

representatives of deceased sole appellant on record as per

order dated 14.10.2024 and also made it clear that, if the

learned counsel fails to amend the cause title and make the

NC: 2024:KHC:42512

payment as ordered, the appeal will be dismissed. Inspite of

the said order, learned counsel for the appellant has neither

paid the cost nor amended the cause title in bringing the legal

representatives of deceased sole appellant on record.

Hence, the appeal is dismissed for non-amendment of

cause title and non-payment of cost.

In view of non-compliance of order dated 03.10.2023,

I.A.Nos.1/2023 to 3/2023 are also dismissed, since cost is not

paid.

Sd/-

(H.P.SANDESH) JUDGE

ST