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2025 DAILYLAW 15738 (KAR)

P. KRISHNAPPA v. VENKATACHALAPATI SINCE DEAD BY LRS., P V SRINIVSALU

RFA/255/2024 · 2025-01-28

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:3890 RFA No. 255 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 255 OF 2024 (PAR) BETWEEN: P.KRISHNAPPA SON OF TIMMARAYAPPA, AGED ABOUT 73 YEARS, R/O NEAR VRL OFFICE, NEAR BAMBOO BAZAR ROAD, CHINTAMANI CITY, CHICKBALLAPUR DISTRICT, PIN 563 125. …APPELLANT (BY SRI. BABU NARAYANA.P.S., ADVOCATE) AND: 1. VENKATACHALAPATI SINCE DEAD BY LR'S., P.V.SRINIVASALU S/O VENKATACHALAPATHI, AGED ABOUT 46 YEARS, R/O C/O T.VENKATACHALAPATHI, NO.112, MANDI MARIYAPPA ROAD, MARIYANNAPALYA, BENGALURU ROAD, H.A.FARM, BENGALURU-560 024. 2. UMADEVI SUNIL W/O SUNIL.K.R., AGED ABOUT 46 YEARS, NO.830, 1ST FLOOR, 19TH CROSS, 5TH MAIN, 5TH BLOCK, HMT LAYOUT, VIDYARANYAPURA, Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3890 RFA No. 255 of 2024 BENGALURU NORTH, BENGALURU-560 097. 3. SRINATH.P.V. S/O VENKATACHALAPATI, AGED ABOUT 39 YEARS, R/O NO.24, SLS SAROVARA APARTMENTS, 2ND MAIN, SRI M.V.LAYOUT, TINDLU, VIDYARANYAPURA, BENGALURU-560 097. …RESPONDENTS (BY SRI. ASHOK.B.PATIL., ADVOCATE FOR C/R3) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER 41, RULE 1 & 2 OF THE CPC, 1908. THIS REGULAR FIRST APPEAL IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Counsel for the appellant has appeared in person and submits that short accommodation may be granted to comply with the office objections. This Court is not inclined to grant time. The reason is simple. As could be seen from the daily order sheet, the appeal was listed before the Registrar (P & H) and sufficient time was granted to comply with the office objections. Thereafter, the appeal was listed before the Court on 13.01.2025, on that day, finally two week's time was granted to comply with the office objections, failing which the appeal was ordered to be listed - 3 - NC: 2025:KHC:3890 RFA No. 255 of 2024 under the caption 'for dismissal of appeal for non-compliance of office objections' on 28.01.2025 The appeal is listed today under the caption 'for dismissal of appeal for non-compliance of office objections'. Despite granting sufficient time, the office objections are not complied with. It appears that the appellant is not interested in prosecuting the appeal. Hence, the Regular First Appeal is dismissed for non-compliance of office objections. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 33