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2025 DAILYLAW 28175 (KAR)

SMT C SUNANDAMMA v. THE AMMANNI TRUST

RSA/1300/2015 · 2025-08-07

E S Indiresh

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

RSA.1300/2015 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY DECEMBER, 2021 BEFORE THE HON’BLE MR. JUSTICE S.VISHWAJITH SHETTY REGULAR SECOND APPEAL NO.1300/2015 BETWEEN: SMT. C. SUNANDAMMA AGED ABOUT 56 YEARS, D/O.LATE KEMPAMMA, R/AT NO.547, 5TH DIVISION, VALASAMMA STREET, CHIKKABALLAPUR TOWN-562101. … APPELLANT (BY SRI H.C.SHIVARAMU, ADV.) AND: 1. THE AMMANNI TRUST NO.284, 34TH CROSS, 9TH MAIN ROAD, 4TH BLOCK, JAYANAGAR BANGALORE-11, REPRESENTED BY ITS MANAGING TRUSTEE AND GPA HOLDER, N.KESHAVAKUMAR, S/O.V.NANJUNDAPPA. 2. KALPANA A/A 46 YEARS, W/O.C.N.SATHISH, TEACHER GOVERNMENT HIGH SCHOOL, UPENDRASHARMA BUILDING, NAGARTHAPETE, 5TH STAGE, DOOR NO.258, CHIKKABALLAPURA-562101. … RESPONDENTS (BY SRI S.G.LOKESH, ADV. FOR R1-ABSENT; R2 - SERVED) RSA.1300/2015 2 THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 15.04.2015 PASSED IN R.A.NO.26/2009 ON THE FILE OF THE PRL. DISTRICT JUDGE, CHIKKABALLAPUR, DISMISSING THE APPEAL AND UPHOLDING THE JUDGMENT AND DECREE DATED 22.04.2009 PASSED IN O.S NO.11/2004 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AND CJM., CHICKBALLAPUR. THIS APPEAL COMING ON FOR DISMISSAL, THIS DAY, THE COURT DELIVERED THE FOLLOWING: J U D G M E N T This Court on 27.10.2021 had finally granted two weeks' time to file the paper book, failing which the matter was directed to be listed for dismissal. 2. Today, though the matter was passed over to enable the learned counsel for the appellant to file the paper book, when the matter was called again, learned counsel for the appellant submits that paper book is not ready. 3. In view of the said submission and having regard to the order dated 27.10.2021, this Court has no other option but to dismiss the appeal for non- prosecution. RSA.1300/2015 3 Accordingly, the appeal is dismissed for non- prosecution. Sd/- JUDGE KNM/-