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2025 DAILYLAW 33082 (KAR)

SRI SATHISH SHETTY v. SMT PADMA

RFA/305/2024 · 2025-01-31

Jyoti Mulimani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:4595 RFA No. 305 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 305 OF 2024 (INJ) BETWEEN: 1. SRI SATHISH SHETTY S/O LATE KRISHNAYYA SHETTY, AGED ABOUT 48 YEARS, 2. SMT.BHARATHI SHEDTHI W/O SATHISH SHETTY, AGED ABOUT 38 YEARS, BOTH ARE RESIDENTS OF PADUBETTU R/O PADUBETTU, CHERKADI VILLAGE, POST CHERKADI, UDUPI TALUK AND DISTRICT -576 215. …APPELLANTS (BY SRI. JAYAKARA SHETTY.H., ADVOCATE) AND: 1. SMT PADMA D/O NAGA DEVADIGA, AGED ABOUT 52 YEARS, R/O BALEGADDE, KOLLUR VILLAGE, POST KOLLUR, KUNDAPURA TALUK-576 220. 2. SRI PRABHAKAR S/O NAGA DEVADIGA, AGED ABOUT 50 YEARS, R/O BALEGADDE, KOLLUR VILLAGE, POST KOLLUR, KUNDAPURA TALUK-576 220. 3. SRI MUKUNDA S/O LATE NAGA DEVADIGA, Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:4595 RFA No. 305 of 2024 AGED ABOUT 45 YEARS, R/O BALEGADDE, KOLLUR VILLAGE, POST KOLLUR, KUNDAPURA TALUK - 576 220. 4. SMT SUBBI DEVADGTHI W/O LATE NAGA DEVADIGA, AGED ABOUT 80 YEARS, R/O PREMNAGAR, BYNDOOR POST AND VILLAGE, KUNDAPURA TALUK-576 214. 5. SMT PREMA DEVADGITHI D/O LATE NAGA DEVADIGA, AGED ABOUT 61 YEARS, R/O PREMNAGAR, BYNDOOR POST AND VILLAGE, KUNDAPURA TALUK-576 214. 6. SRI SRIDHAR DEVADIGA S/O LATE NAGA DEVADIGA, AGED ABOUT 56 YEARS, R/O SHAKTHI NILAYA, NEAR BARODA BANK, SHANKERPURA POST, UDUPI TALUK-574 115. 7. SMT MUKAMBU D/O LATE NAGA DEVADIGA, AGED ABOUT 52 YEARS, R/O PREMNAGAR, BYNDOOR POST AND VILLAGE, KUNDAPURA TALUK, PIN-576 214. 8. SMT CHIKKU @ RUKMINI D/O BACHI DEVADGITHI, AGED ABOUT 74 YEARS, R/O PREMNAGAR, BYNDOOR POST AND VILLAGE, KUNDAPURA TALUK-576 214. 9. SRI RAMA S/O NAGA DEVADIGA, - 3 - NC: 2025:KHC:4595 RFA No. 305 of 2024 AGED ABOUT 55 YEARS, R/O BALEGADDE, KOLLUR VILLAGE, POST KOLLUR, KUNDAPURA TALUK-576 220. 10. SRI CHANDRASHEKAR S/O NAGA DEVADIGA, AGED ABOUT 48 YEARS, R/O BALEGADDE, KOLLUR VILLAGE, POST KOLLUR, KUNDAPURA TALUK-576 220. 11. SMT MEGA D/O PADMA AND LATE THIMMAPPA POOJARI, AGED ABOUT 27 YEARS, R/O BALEGADDE KOLLUR VILLAGE, POST KOLLUR, KUNDAPURA TALUK-576 220. …RESPONDENTS THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 115 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 submits that short accommodation may be granted to comply with the office objections. This Court is not inclined to granted time. The reason is plain. As could be seen from the daily order sheet, the appeal was listed before the Court and sufficient time was granted to comply with the office objections. Again the appeal was listed - 4 - NC: 2025:KHC:4595 RFA No. 305 of 2024 on 13.01.2025, 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 31.01.2025. The appeal is listed today under the caption ‘for dismissal of appeal for non-compliance of office objections’. Despite granting sufficient time, the appellants has not complied with the office objections. It appears that the appellants are not interested in prosecuting the appeal. In view of peremptory order dated 13.01.2025, the appeal is dismissed for non- compliance of office objections. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 23