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2025 DAILYLAW 31547 (KAR)

SRI. GANGADHARAIAH v. SMT. SHIVAGANGAMMA

RFA/1765/2023 · 2025-01-24

Jyoti Mulimani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:3232 RFA No. 1765 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 1765 OF 2023 (PAR/POS) BETWEEN: SRI. GANGADHARAIAH S/O. LATE NANJAPPA, AGED ABOUT 59 YEARS, R/AT KOTTANAHALLI VILLAGE, BELLAVI HOBLI, TUMKUR TALUK-572 107. …APPELLANT (BY SRI. N.SURESHA., ADVOCATE) AND: 1. SMT. SHIVAGANGAMMA W/O. LATE SIDDALINGEGOWDA, AGED ABOUT 58 YEARS, R/AT SIDDAPPANAPALYA, ARIYUR POST, HEBBUR HOBLI, TUMKUR TALUK-572 120. 2. SMT. MALLAMMA W/O. LATE BASAVARAJU, AGED ABOUT 64 YEARS, 3. KUMAR SWAMY S/O. LATE BASAVARAJU, AGED ABOUT 42 YEARS, 4. DHANANJAYA S/O. LATE BASAVARAJU, AGED ABOUT 39 YEARS, Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3232 RFA No. 1765 of 2023 5. SHIVALINGAIAH S/O. LATE BASAVARAJU, AGED ABOUT 39 YEARS, RESPONDENTS NO.2 TO 5 ARE RESIDING AT KOTTANAHALLI VILLAGE, MALLASANDRA POST, BELLAVI HOBLI, TUMKUR TALUK-572 107. 6. C.N.RAJANNA S/O. LATE NANJAPPA, MAJOR, R/AT CHELUR VILLAGE, TUMKUR TALUK-572 117. 7. SIDDAGANGAMMA W/O. LATE S.JAYADEV, MAJOR, R/AT ADAGURU VILLAGE, KASABA HOBLI, GUBBI TALUK, TUMKUR DISTRICT-572 216. …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 appellant has appeared in person and sought time to comply with the office objections. 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 - 3 - NC: 2025:KHC:3232 RFA No. 1765 of 2023 was granted to comply with the office objections. Once again the appeal was listed on 08.01.2025, on that day, finally a week's 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 24.01.2025. The appeal is listed today under the caption ‘for dismissal of appeal for non-compliance of office objections’. Despite granting sufficient time, the appellant has not complied with the office objections. It appears that the appellant is not interested in prosecuting the appeal. In view of peremptory order dated 08.01.2025, the appeal is dismissed for non- compliance of office objections. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 8