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2025 DAILYLAW 13596 (KAR)

K. PUTTASWAMY v. RAMESH

RSA/1415/2021 · 2025-06-18

H P Sandesh

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:20894 RSA No. 1415 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.1415 OF 2021 (INJ) BETWEEN: 1. K. PUTTASWAMY, SINCE DEAD BY LRS. SMT. LAXMAMMA, W/O LATE K. PUTTASWAMY, AGED ABOUT 69 YEARS, R/AT BEGURU VILLAGE AND HOBLI, GUNDLUPET TALUK. 2. SMT. YELLAMMA, D/O LATE K. PUTTASWAMY, AGED ABOUT 49 YEARS, RESIDING AT MULLURU VILLAGE, H.D. KOTE TALUK. 3. SMT. C. RENUKA, D/O LATE K. PUTTASWAMY, AGED ABOUT 44 YEARS, RESIDING AT TANK ROAD, SANTHEMALA, SARAGURU VILLAGE AND HOBLI, H.D.KOTE TALUK. 4. K. SRINIVASA, S/O KULLAIAH @ KULLEGOWDA, AGED ABOUT 66 YEARS, RESIDING AT MULLURU VILLAGE, H.D. KOTE TALUK. 5. K. PUTTARAJU, S/O KULLAIAH @ KULLEGOWDA, AGED ABOUT 63 YEARS. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20894 RSA No. 1415 of 2021 6. P. LAXMANNA, S/O LATE K. PUTTASWAMY, AGED ABOUT 49 YEARS. 7. P. CHANDRA, S/O LATE K. PUTTASWAMY, AGED ABOUT 46 YEARS. APPELLANTS NO.2 TO 5 ARE R/AT BEGURU VILLAGE AND HOBLI, GUNDLUPET TALUK-571141. …APPELLANTS (BY SRI. UDAYA, ADVOCATE - ABSENT) AND: 1. RAMESH, S/O PUTTASWAMY, AGED ABOUT 59 YEARS, R/AT BEGURU VILLAGE AND HOBLI, GUNDLUPET TALUK-571111. …RESPONDENT THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 15.12.2020 PASSED IN R.A.NO.33/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, GUNDLUPET, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 22.03.2019 PASSED IN O.S.NO.167/2009 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, GUNDLUPET. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:20894 RSA No. 1415 of 2021 CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT This appeal was filed on 16.01.2021. When the matter was listed before the Registrar (P and H) on 24.08.2022 and 04.08.2023 for non-compliance of the office objections, the learned counsel for the appellants was absent in both the occasions. The matter was posted before the Court on 16.02.2024 and this Court granted three weeks time to comply with the office objections. Inspite of it, office objections were not complied with. The matter was again listed on 26.06.2024 and the learned counsel for the appellants was absent and this Court granted two weeks time to comply with the office objections. On 11.07.2024, again the learned counsel for the appellants was absent and this Court granted two weeks time to comply with the office objections on payment of cost of Rs.500/- payable at the Registry and also made it clear that if the learned counsel for the appellants does not pay the cost and comply with the office objections within two weeks, the appeal will be dismissed without reference to the Bench. Inspite of it, office objections are not complied with. On 10.06.2025, this Court - 4 - HC-KAR NC: 2025:KHC:20894 RSA No. 1415 of 2021 made it clear that the appeal will be dismissed and inspite of it, office objections are not complied and cost is also not paid. 2. Hence, the appeal is dismissed for non-compliance of office objections and non-payment of cost. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 14