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2025 DAILYLAW 32318 (KAR)

OBALAIAH v. NARASIMHAMURTHY

RFA/1865/2023 · 2025-01-27

Jyoti Mulimani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:3579 RFA No. 1865 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 1865 OF 2023 (PAR) BETWEEN: 1. OBALAIAH S/O LATE OBLARANGAIAH, AGED ABOUT 67 YEARS, 2. SANNARANGAMMA W/O LATE. OBLARANGAIAH, AGED ABOUT 62 YEARS, APPELLANT NO.1 & 2, R/OF CHIKKASEEBI VILLAGE, BELLAVI HOBLI, TUMAKURU TALUK-572 107. …APPELLANTS (BY SRI. SHARATH KUMAR.G.M., ADVOCATE) AND: 1. NARASIMHAMURTHY S/O LATE OBLARANGAIAH, AGED ABOUT 57 YEARS, 2. GANGADHARAIAH S/O LATE OBLARANGAIAH, AGED ABOUT 59 YEARS, 3. CHANDRAIAH S/O LATE OBALARANGAIAH, AGED ABOUT 57 YEARS, RESPONDENT 1 TO 3 ARE R/OF CHIKKASEEBI VILLAGE, Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3579 RFA No. 1865 of 2023 BELLAVI HOBLI, TUMAKURU TALUK-572 107. 4. MAHADEVAMMA W/O THAMMAIAH, D/O LATE OBLARANGAIAH, AGED ABOUT 65 YEARS, R/AT DODDABEERANAHALLI, KASABA, TUMAKURU TALUK-572 107. 5. LOKAMMA W/O LAKSHMAIAH, D/O LATE OBLARANGAIAH, AGED ABOUT 57 YEARS, R/OF BADAVANAHALLI, MADHUGIRI TALUK, TUMAKURU DISTRICT-572 132. …RESPONDENTS THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 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 sought time to comply with the office objections. This Court is not inclined to grant time. The reason is plain. 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 - 3 - NC: 2025:KHC:3579 RFA No. 1865 of 2023 the appeal was listed on 08.01.2025, 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 27.01.2025. 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 the office objections. It appears that the appellants are 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,TKN List No.: 1 Sl No.: 9