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2025 DAILYLAW 17138 (KAR)

SMT. MAHADEVAMMA DEAD BY LRS ALREADY ON RECORD SRI. MALLIKARJUNA B N v. SMT. SHUBHA M

RFA/361/2024 · 2025-01-31

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:4585 RFA No. 361 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 361 OF 2024 (PAR) BETWEEN: 1. SMT. MAHADEVAMMA W/O LATE NANJUDAPPA, DEAD BY LRS ALREADY ON RECORD, SRI. MALLIKARJUNA.B.N. S/O NANJUNDAPPA, AGED ABOUT 49 YEARS, R/O NO.90/C, 5TH CROSS, 7TH MAIN, LAKSHMINARAYANPURA, SIRAMPURAM, BANGALORE-560 021. 2. SRI HEMAVATHI.B.N. W/O MANJUNATHA, D/O NANJUNDAPPA, AGED 44 YEARS, R/O THANGADA VILLAGE, DANDINASHIVARA HOBLI, TURUVEKERE TALUK, TUMKUR DISTRICT-572 227. …APPELLANTS (BY SRI. VISHWANATH KANAVI., ADVOCATE) AND: 1. SMT. SHUBHA.M D/O MALLIKARJUNAIAH, AGED 21 YEARS, R/O SUGURU VILLAGE, NONAVINAKERE HOBLI, TIPTUR TALUK, TUMKUR DISTRICT-572 224. Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:4585 RFA No. 361 of 2024 2. GURULINGA.B.N. S/O NANJUNDAPPA, AGED 38 YEARS, R/O NO.90/C, 5TH CROSS, 7TH MAIN, LAKSHMINARAYANPURA, SRIRAMPURAM, BENGALURU-560 021. …RESPONDENTS THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 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 appellants has appeared in person and submits that short accommodation may be granted to comply with the office objections. This Court is not inclined to granted time. The reason is plain. 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. Again the appeal was listed on 13.01.2025, on that day, finally two weeks time was granted to comply with the office objections, failing which the office was directed to list the appeal under the caption ‘for dismissal of appeal for non-compliance of office objections’ on 31.01.2025. - 3 - NC: 2025:KHC:4585 RFA No. 361 of 2024 The appeal is listed today under the caption ‘for dismissal of appeal for non-compliance of office objections’. Despite granting sufficient time, the appellants has not complied with the office objections. It appears that the appellants are not interested in prosecuting the appeal. In view of peremptory order dated 13.01.2025, the appeal is dismissed for non- compliance of office objections. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 25