Sri Nagesh.B.N vs Smt Narasamma
2024 Latest Caselaw 25500 Kant

Karnataka High Court

Sri Nagesh.B.N vs Smt Narasamma on 25 October, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                              -1-
                                                         NC: 2024:KHC:43192
                                                       MFA No. 2436 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 25TH DAY OF OCTOBER, 2024

                                           BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   MISCELLANEOUS FIRST APPEAL NO. 2436 OF 2022 (CPC)

                   BETWEEN:

                   1.    SRI NAGESH B.N.
                         S/O LATE NARASIMHAIAH
                         AGED ABOUT 42 YEARS
                         R/AT NO.34,
                         BHEEMANAKUPPE VILLAGE
                         KENGERI HOBLI
                         BENGALURU SOUTH TALUK.
                                                               ...APPELLANT

                             (BY SRI. NAGARAJA REDDY D., ADVOCATE)
                   AND:

                   1.    SMT. NARASAMMA
                         W/O LATE NARASIMHAIAH
Digitally signed         AGED ABOUT 73 YEARS
by DEVIKA M
Location: HIGH     2.    SRILAKSHMAIAH B.N0
COURT OF                 S/O LATE NARASIMHAIAH
KARNATAKA                AGED ABOUT 52 YEARS

                   3.    SRI NAGARAJ
                         S/O LATE NARASIMHAIAH
                         AGED ABOUT 46 YEARS

                   4.    SMT. RATHNA
                         D/O LATE NARASIMHAIAH
                         AGED ABOUT 49 YEARS

                         NO.1 TO 4 ARE
                         R/AT BHEEMANAKUPPE VILLAGE
                            -2-
                                     NC: 2024:KHC:43192
                                   MFA No. 2436 of 2022




     KENGERI HOBLI
     BENGALURU SOUTH TALUK.

5.   SRI JAVARAYA GOWDA
     S/O LATE MAYAGE GOWDA
     AGED ABOUT 51 YEARS
     R/AT NO.41, 3RD MAIN
     G.H.B. SOCIETY
     SAHKARA NAGAR
     BANGALORE - 560096.

6.   SRI ASHWATH
     W/O VENKATAPPA
     AGED ABOUT 35 YEARS

7.   VENKATAPPA
     S/O LATE MUNIHANUMAIAH
     AGED ABOUT 73 YEARS

     NO.6 AND 7 ARE R/AT NO.26,
     MATHRU SHREE NILAYA
     MUDDANAPALYA VILLAGE
     YESHWANTHPURA HOBLI
     BANGALORE NORTH TALUK
     BANGALORE - 560091.
                                        ...RESPONDENTS
                  (BY SRI. VIJAYAKUMAR &
           SRI K.LOKESH, ADVOCATES FOR C/R6)

     THIS MFA IS FILED U/O.43 RULE 1(r) R/W SECTION 104
OF CPC, AGAINST THE ORDER DATED 19.01.2022 PASSED ON
IA NO.3 AND 4 IN O.S.NO.69/2022 ON THE FILE OF THE 4TH
ADDITIONAL SENIOR CIVIL JUDGE , BENGALURU RURAL
DISTRICT, BENGALURU, REJECTING IA NO.3 AND 4 FILED
U/O.39 RULES 1 AND 2 OF CPC WITH COSTS OF RS.50,000/-.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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                                              NC: 2024:KHC:43192
                                           MFA No. 2436 of 2022




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

                         ORAL JUDGMENT

This Court vide order dated 14.06.2024, when this Court

noticed that matter is listed fifth time for non-compliance of

office objections, considered the request of the learned counsel

for the appellant and granted a week's time to comply with the

office objections on cost of Rs.1,000/- and also made it clear

that, if cost is not paid and office objections are not complied

with, list the matter for dismissal. Inspite of the said order, the

office objections are not complied with and cost is also not

paid.

Hence, the miscellaneous first appeal is dismissed.

Sd/-

(H.P.SANDESH) JUDGE

ST