Smt. Radhamma vs Sri.K.S. Bevinamarada
2024 Latest Caselaw 22396 Kant

Citation : 2024 Latest Caselaw 22396 Kant
Judgement Date : 3 September, 2024

Karnataka High Court

Smt. Radhamma vs Sri.K.S. Bevinamarada on 3 September, 2024

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                                                 NC: 2024:KHC:35933
                                               MFA No. 6453 of 2023




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 3RD DAY OF SEPTEMBER, 2024

                                    BEFORE
                 THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
            MISCELLANEOUS FIRST APPEAL NO. 6453 OF 2023 (CPC)
            BETWEEN:

            1.    SMT. RADHAMMA
                  W/O H.LINGAPPA,
                  AGED 59 YEARS

            2.    SRI.MUNIRAJU
                  S/O H.LINGAPPA,
                  AGED 38 YEARS,

            3.    SRI.HARISHA
                  S/O H.LINGAPPA,
                  AGED 35 YEARS,

                  APPELLANTS 1 TO 3
                  ARE R/AT NO.311,
                  BUILDING NO.29,
Digitally         KHB COLONY,
signed by         KENGERI SATELLITE TOWN,
SUVARNA T         BENGALURU-560 060.
Location:                                              ...APPELLANTS
HIGH        (BY SRI. N. SURESHA, ADVOCATE - ABSENT)
COURT OF
KARNATAKA
            AND:

            1.    SRI.K.S.BEVINAMARADA
                  S/O SHIVARUDRAPPA,
                  AGED 69 YEARS,
                  R/AT NO.8, GOURINILAYA,
                  7TH MAIN, ANNAPOORNESHWARI LAYOUT,
                  ULLALU MAIN ROAD,
                  BENGALURU-560 056
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                                  MFA No. 6453 of 2023




2.   SRI.ASHOK KUMAR AGARWAL
     S/O JUGAL KISHORE AGARWAL,
     AGED 41 YEARS

3.   SRI ANIL KUMAR AGARWAL
     S/O JUGAL KISHORE AGARWAL,
     AGED 43 YEARS,

     R2 AND R3 ARE R/AT NO.2,
     AGARVAL NILAYA, 7TH MAIN,
     ANNAPOORNESHWARI LAYOUT,
     ULLALU MAIN ROAD,
     BENGALURU-560 056.

4.   SMT HEMAVATHI
     W/O SRI PRAKASH,
     AGED 47 YEARS,
     R/A NO.3, 7TH MAIN,
     ANNAPOORNESHWARI LAYOUT,
     ULLALU MAIN ROAD,
     BENGALURU-560 056.

5.   SMT N R NAGARATHNA
     W/O SRI RAVISHANKAR,
     AGED 55 YEARS,
     R/A NO.5, 7TH MAIN,
     ANNAPOORNESHWARI LAYOUT,
     ULLALU MAIN ROAD,
     BENGALURU-560 056.

6.   SRI SIDDALINGAPPA
     S/O C S CHANDRAIAH,
     AGED ABOUT 56 YEARS,
     R/AT NO.18, 7TH MAIN,
     ANNAPOORNESHWARI LAYOUT,
     ULLALU MAIN ROAD,
     BENGALURU-560 056.
7.   SMT NANDINI GANESH
     W/O SRI GANESH RAO,
     AGED 51 YEARS,
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                                     MFA No. 6453 of 2023




8.   SRI GANESH RAO
     S/O SRI SUBBARAO,
     AGED 56 YEARS,

     R7 AND R8 ARE R/AT NO.18, 7TH MAIN,
     ANNAPOORNESHWARI LAYOUT,
     ULLALU MAIN ROAD,
     BENGALURU-560 056.

9.   SRI H S VIJAY
     S/O H V SHOBANA MURTHY,
     AGED 51 YEARS,
     R/AT NO.15, 7TH MAIN,
     ANNAPOORNESHWARI LAYOUT,
     ULLALU MAIN ROAD,
     BENGALURU-560 056

10. SMT GAYATHRI
    W/O SRI MARIYAPPA,
    AGED ABOUT 60 YEARS,
    R/AT 1, 7TH MAIN,
    ANNAPOORNESHWARI LAYOUT,
    ULLALU MAIN ROAD,
    BENGALURU-560 056

11. SRI RAJENDRA
    S/O NAGARAJU,
    AGED 40 YEARS,
    R/AT NO.462, 4TH B CROSS,
    7TH MAIN, RPC LAYOUT,
    VIJAYANAGARA,
    BENGALURU-560 056


12. SMT CHANDRAKALA
    R/A NO.81/4,
    6TH CROSS,
    MALLESWARAM,
    BENGALURU-560 055

13. SMT ANURADHA
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                                  MFA No. 6453 of 2023




    W/O M C BHAT,
    R/AT NO.403,
    COUNTRY MARSHAL APARTMENT,
    OPPOSITE TO SINDHY SCHOOL,
    KEMPAPURA, HEBBAL,
    BENGALURU-560 024

14. SMT D AMRUTHA
    W/O G PRAMOD RAJ,
    R/A NO.138,
    69TH CROSS,5TH BLOCK,
    RAJAJINAGARA,
    BENGALURU-560 018

15. SMT H M NARGARAJU UDUPA
    R/AT NO.126/2,
    6TH CROSS, 6TH MAIN,
    CHAMRAJPETE,
    BENGALURU-560 018

16. SMT R VINUTHA
    R/AT NO.2, 15TH D CROSS,
    BANDEPPA GARDEN,
    MUTHYALANAGARA,
    BENGALURU-560 054

17. SWARNA GOWRI
    R/AT NO.21,
    2ND CROSS, 2ND MAIN,
    1ST STAGE, BCC LAYOUT,
    VIJAYANGARA,
    BENGALURU-560 040
18. NAGENDRA S
    S/O S A SHANKAR,
    R/A NO.21, 7TH MAIN,
    ANNAPOONESHWARI LAYOUT,
    ULLALU MAIN ROAD,
    BENGALURU - 560 056

19. SRI VIVEKANANDA N S
    S/O LATE N SRINIVASAMURTHY,
    R/AT NO.61, 7TH MAIN,
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                                       MFA No. 6453 of 2023




    ANNAPOONESHWARI LAYOUT,
    ULLALU MAIN ROAD,
    BENGALURU-560 056
                                             ...RESPONDENTS

     THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE
CPC, AGAINST THE ORDER DATED 15.04.2023 PASSED ON IN
O.S.NO.1283/2023 ON THE FILE OF THE IX ADDITIONAL CITY
CIVIL AND SESSION JUDGE, BENGALURU, DISMISSING IA
NO.1 AND 2 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC.

    THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:    HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

                     ORAL JUDGMENT

This is an appeal of the year 2023. The Office has raised

as many as eleven objections. Even before the Registrar also

this matter was listed on 25.09.2023, 25.10.2023, 10.11.2023

and 19.03.2024. When the appellants have failed to comply

with the office objections, the matter is posted before this

Court.

2. When this matter came up on 02.09.2024, as there

was no representation on behalf of the appellants, the matter

was directed to be listed under the caption 'dismissal' today.

Today also, there is no representation on behalf of the

appellants and even after lapse of several months, till now,

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