Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 26851 (KAR)

SRI. SRINIVAS v. SMT. INDIRAMMA

RFA/1365/2023 · 2025-01-22

Jyoti Mulimani

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:2728 RFA No. 1365 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 1365 OF 2023 (PAR) BETWEEN: 1. SRI. SRINIVAS S/O LATE SEETHARAMAIAH, AGED ABOUT 52 YEARS, 2. SRI AMAREESHA S/O LATE SEETHARAMAIAH, AGED ABOUT 50 YEARS, BOTHA ARE RESIDING AT NO.233/A, 26TH MAIN, JAYANAGAR 9TH BLOCK, BANGALORE-560 069. …APPELLANTS (BY SRI. R.A.DEVANAND., ADVOCATE [ABSENT]) AND: 1. SMT. INDIRAMMA D/O LATE SEETHARAMAIAH, W/O SRI S.V.MUNIRAJU, AGED ABOUT 59 YEARS, R/AT NO 24, 2ND CROSS, S.G.PALYA, D.R.C.POST, BANGALORE-560 029. 2. SRI GIRISH S/O LATE DHANAMMA @ DHANALAKSHMI, AGED ABOUT 30 YEARS, R/AT 202, 'A' NARAYANAPURA, DOORAVANINAGAR, BANGALORE-560 016. Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:2728 RFA No. 1365 of 2023 3. SRI DEVARAJ S/O LATE SEETHARAMAIAH, AGED ABOUT 48 YEARS, 4. SMT VANITHA D/O LATE SEETHARAMAIAH, W/O SRI SRINIVAS, AGED ABOUT 46 YEARS, R/AT NO 5, 7TH CROSS, BHAVANINAGAR, BANGALORE-560 029. 5. SRI NAVEEN KUMAR S/O LATE SEETHARAMAIAH, AGED ABOUT 44 YEARS, RESPONDENT NO.S. 3 & 5 ARE R/AT NO.233/A, 26TH MAIN, JAYANAGAR 9TH BLOCK, BANGALORE-560 069. 6. SRI RAMACHANDRA S/O LATE SEETHARAMAIAH, SMT AKKAYAMMA, AGED ABOUT 62 YEARS, RESIDING AT NO 233/A, 26TH MAIN, JAYANAGAR 9TH BLOCK, BANGALORE-560 069. 7. SMT NEELAMMA D/O LATE SEETHARAMAIAH, W/O SRI ANNAIAH, AGED ABOUT 60 YEARS, RESIDING AT NO 304/19, 2ND CROSS, 1ST MAIN, SUDDAGUNTEPALYA, BANGALORE-560 029. 8. SMT H.THIPPAMMA W/O SRI E.HANUMAPPA, AGED ABOUT 69 YEARS, - 3 - NC: 2025:KHC:2728 RFA No. 1365 of 2023 R/AT NO 1746, 9TH CROSS, J.P.NAGAR, 2ND PHASE, BANGALORE-560 078. 9. SRI HANUMAPPA S/O SRI THIPPANNA, AGED ABOUT 83 YEARS, R/AT NO 1746, 9TH CROSS, J.P.NAGAR, 2ND PHASE, BANGALORE-560 078. 10. SRI MANJU SHEKAR S/O SRI E HANUMAPPA, AGED ABOUT 58 YEARS, R/AT NO 1470/1, 9TH CROSS, J.P.NAGAR 2ND PHASE, BANGALORE-560 078. 11. SMT H.CHAYA D/O SRI E.HANUMAPPA, AGED ABOUT 53 YEARS, R/AT NO 1470/1, 9TH CROSS, J.P.NAGAR 2ND PHASE, BANGALORE-560 078. 12. SMT H.ROOPA D/O SRI E.HANUMAPPA, AGED ABOUT 48 YEARS, R/AT NO 1470/1, 9TH CROSS, J.P.NAGAR 2ND PHASE, BANGALORE-560 078. 13. SRI H.GNANADEVA S/O SRI E.HANUMAPPA, AGED ABOUT 43 YEARS, R/AT NO 1470/1, 9TH CROSS, J.P.NAGAR 2ND PHASE, BANGALORE-560 078. 14. M.K.AHMED BAZAR BY PROPRIETOR K.P.ABBOBACKER, - 4 - NC: 2025:KHC:2728 RFA No. 1365 of 2023 FATHER'S NAME NOT KNOWN TO PLAINTIFF, OLD NO 233-A, NEW CORPORATION NO 1/01, 1ST MAIN, PUTTAIAHANAPALYA, 9TH BLOCK, JAYANAGAR, BANGALORE-560 069. 15. SMT ISHRATH JEHAN W/O SRI MOHAMMED AMANULLAM, AGED ABOUT 68 YEARS, R/AT GAFFAR MOHALLA, SRINIBASAPURA, KOLAR-563 135. 16. SMT. SHAISTHA PRAVEEN W/O SRI MOHAMMED AMANULLA, AGED ABOUT 42 YEARS, R/AT NO 1014/44, 38TH CROSS, 4TH 'T' BLOCK, JAYANAGAR, BANGALORE-560 069. 17. SMT RUHI SULTANA W/O SRI SYED ABOOBAKAR, AGED ABOUT 52 YEARS, R/AT NO 1014/44, 38TH CROSS, 4TH 'T' BLOCK, JAYANAGAR, BANGALORE-560 069. 18. SMT. SAYAKHA SULTANA W/O SRI ABIBULLA SHERIFF @ RIYAZ AHMED, AGED ABOUT 50 YEARS, R/AT NO 203, RAJAJI ROAD, SRINIVASPURA, KOLAR DISTRICT-563 135. R/AT NO 1014/44, 38TH CROSS, 4TH 'T' BLOCK, JAYANAGAR, BANGALORE-560 069. …RESPONDENTS (BY SRI. TUMBIGI PRABHUGOUDA BASAVANTARAYAGOUDA., C/R14) - 5 - NC: 2025:KHC:2728 RFA No. 1365 of 2023 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 appellants are not represented. When the case is listed and is called out, the advocate must be present. His absence may affect the case. As could be seen from the daily order sheet, the appeal was listed before Registrar (P & H) on several dates and sufficient time was granted to comply with the office objections. Again the appeal was listed before the Court and sufficient time was granted to comply with the office objections. Once again the appeal was listed on 07.01.2025, 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 22.01.2025. The appeal is listed today under the caption ‘for dismissal of appeal for non-compliance of office objections’. Despite granting sufficient time, the appellants have not complied with - 6 - NC: 2025:KHC:2728 RFA No. 1365 of 2023 the office objections. It appears that the appellants are not interested in prosecuting the appeal. In view of peremptory order dated 07.01.2025, the appeal is dismissed for non- prosecution and also for non-compliance of office objections. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 9