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2025 DAILYLAW 23542 (KAR)

SMT.C. ADILAKSHMI v. SMT SAROJAMMA

RFA/986/2023 · 2025-01-07

Jyoti Mulimani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:370 RFA No. 986 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 986 OF 2023 (PAR/INJ) BETWEEN: SMT. C.ADILAKSHMI @ ADILAKSHMAMMA, W/O H.GOPAL, AGED ABOUT 78 YEARS, RESIDENT OF NO 1245/A, 4TH PHASE, GOKULA 1ST STAGE, PORTION OF SY NO.8/3, YESHWANTHAPURA, BENGALURU-560 022. …APPELLANT (BY SRI. KRISHNA MURTHY.M., ADVOCATE [ABSENT]) AND: 1. SMT.SAROJAMMA W/O SIDDALINGAIAH, D/O LATE SIDDAVEERAPPA, AGED ABOUT 78 YEARS, RESIDING AT NO.1486, 1ST CROSS, NEAR VINAYAKA TEMPLE, REDDY PALYA, BENGALURU-560 017. 2. SRI.YATHISH S/O LATE PUTTAVEERAMMA, GRANDSON OF LATE SIDDAVEERAPPA, AGED ABOUT 61 YEARS, RESIDING AT NO.68, ANJANAPURA, BENGALURU-560 017. 3. SRI NANJUNDA S/O LATE PUTTAVEERAMMA, Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:370 RFA No. 986 of 2023 GRANDSON OF LATE SIDDAVEERAPPA, AGED ABOUT 59 YEARS, RESIDING AT NO 63, KASHIVISHWANATHA NILAYA, 5TH CROSS, 3RD MAIN, CHAMARAJPET, BENGALURU-560 018. 4. SRI SHASHIDHARA S/O LATE PUTTAVEERAMMA, GRANDSON OF LATE SIDDAVEERAPPA, AGED ABOUT 55 YEARS, RESIDING AT NO 13/80, SHANTHIPURA LAYOUT, BEHIND GOVERNMENT HIGH SCHOOL, BEGURU, BENGALURU-571 109. 5. SRI MANJU S/O LATE PUTTAVEERAMMA, GRANDSON OF LATE SIDDAVEERAPPA, AGED ABOUT 53 YEARS, RESIDING AT NO 13/80, SHANTHIPURA LAYOUT, BEHIND GOVERNMENT HIGH SCHOOL, BEGURU, BENGALURU-571 109. 6. SRI RENUKA PRASADA S/O LATE PUTTAVEERAMMA, GRANDSON OF LATE SIDDAVEERAPPA, AGED ABOUT 51 YEARS, RESIDING AT NO.13/8, THAVARAKERE NEAR BALAJI TALKIES, MAGADI MAIN ROAD, BENGALURU DISTRICT-562 103. 7. SMT BHARATHI D/O LATE PUTTAVEERAMMA, GRAND DAUGHTER OF LATE SIDDAVEERAPPA, AGED ABOUT 63 YEARS, RESIDING AT NO 13/8, THAVARAKERE, NEAR BALAJI TALKIES, MAGADI MAIN ROAD, BENGALURU DISTRICT-563 103. - 3 - NC: 2025:KHC:370 RFA No. 986 of 2023 8. SRI S.MANJUNATH S/O LATE SIDDAPPA, AGED ABOUT 52 YEARS, 9. SRI S.BASAVARAJU S/O LATE SIDDAPPA, GRANDSON OF SIDDAVEERAPPA, AGED ABOUT 55 YEARS, 10. SRI S.RENUKA S/O LATE SIDDAPPA, GRANDSON OF SIDDAVEERAPPA, AGED ABOUT 55 YEARS, 11. SMT S.HEMA D/O LATE SIDDAPPA, GRAND DAUGHTER OF LATE SIDDAVEERAPPA, AGED ABOUT 55 YEARS, RESPONDENTS 8 TO 11 ARE ALL R/AT NO 537, ANJANEYA TEMPLE ROAD, YESHWANTHAPURA, BENGALURU-560 022. …RESPONDENTS (BY SRI. MADHU.R., ADVOCATE FOR C/R1& 8) 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 When the case is called, the appellant is not represented. When the case is listed and called out, the advocate must be present. The absence may affect the case. - 4 - NC: 2025:KHC:370 RFA No. 986 of 2023 As could be seen from the daily order sheet, the appeal was listed before Registrar (P & H) and also before the Court on several dates and sufficient time was granted to comply with the office objections. Despite granting time, office objections are not complied with as of today. The appeal is listed today for orders regarding non- compliance of office objections for the sixth time. A perusal of the entire order sheet reveals that despite giving sufficient time, the office objections are not complied with. Furthermore, the appeal is filed in the year 2023. Now we are in the month of January 2025. The appeal is pending for almost two years. As already noted above, when the case is called, the appellant is not represented. It appears that the appellant is not interested in prosecuting the appeal. Hence, the Regular First Appeal is dismissed for non-prosecution and also for non- compliance of office objections. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 41