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2025 DAILYLAW 33902 (KAR)

M/S S.J.R PRIME CORPORATION PVT LTD v. SRI. ANIL REDDY

RFA/2130/2023 · 2025-01-31

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:4583 RFA No. 2130 of 2023 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. 2130 OF 2023 (PAR) BETWEEN: M/S. S.J.R PRIME CORPORATION PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT: 7TH AND 8TH FLOORS, 'SJR PRIMUS' NO.1, INDUSTRIAL LAYOUT, SEVENT BLOCK, KORAMANGALA, BANGALORE - 560 095. REPRESENTED BY ITS DIRECTOR, MR. J.VIJAY REDDY. …APPELLANT (BY SRI. N.GOWTHAMI RAGHUNATH., ADVOCATE) AND: 1. SRI. ANIL REDDY S/O K.VENKATARAMANA REDDY, AGED ABOUT 45 YEARS, PERMANENTLY RESIDING AT NO. 2/13, NICHOLAS DRIVE, SANDY BAY, HOBART 7005, AUSTRIALIA, PRESENTLY R/.A NO. 45, R.V.ROAD, BASAVANAGUDI, BENGALURU - 560 004. 2. SRI K.VENKATARAMANA REDDY ALSO KNOWN AS K.V.REDDY, S/O LATE KRISHNAPPA REDDY, AGED ABOUT 76 YEARS, RESIDING AT NO. 21, 1ST FLOOR, Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:4583 RFA No. 2130 of 2023 12TH MAIN ROAD, 14TH CROSS, WILSON GARDEN, BANGALORE - 560 030. 3. SRI K.LAKSHMAIAH REDDY ALSO KNOWN AS K.L.REDDY, S/O LATE KRISHNAPPA REDDY, AGED ABOUT 81 YEARS, RESIDING AT NO. 4677, ROLLING RIDGE, WEST BLOOMFIELD, MICHIGAN 48323, USA. 4. SMT.V.ARUNA REDDY W/O G.RAVINDRA REDDY, AGED ABOUT 47 YEARS, RESIDING AT NO. 19, 12TH MAIN ROAD, WILSON GARDEN, BANGALORE - 560 030. 5. SRI L.SAMARTH REDDY S/O K.LAKSHMAIAH REDDY (K.L.REDDY), AGED ABOUT 45 YEARS, RESIDING AT NO. 6001, VIA VENITIA NORTH, DELRAY BEACH, FLORIDA - 33484, USA. 6. MISS L AJITHA REDDY D/O K.LAKSHMAIAH REDDY (K.L.REDDY), AGED ABOUT 43 YEARS, RESIDING AT NO. 444, WEST BELMONT RD, UNIT 4B, CHICAGO, IL-60657, USA. 7. SMT.SHARADAMMA W/O LATE K.NARAYANA REDDY, AGED ABOUT 78 YEARS, RESIDING AT NO. 2009, WAMA IBBANI APARTMENTS, KASAVANAHALLI, BANGALORE - 560 037. 8. SMT. K.N.VIJAYALAKSHMI W/O SRI A.R.SHIVARAM, D/O LATE K.NARAYAN REDDY, AGED ABOUT 60 YEARS, - 3 - NC: 2025:KHC:4583 RFA No. 2130 of 2023 RESIDING AT NO. 670, 6TH CROSS, 3RD BLOCK, KORAMANGALA, BANGALORE - 560 034. 9. SRI K.N.RAVINDRANATH S/O LATE K.NARAYANA REDDY, AGED ABOUT 55 YEARS, RESIDING AT NO. 2009, WAMA IBBANI APARTMENTS, KASAVANAHALLI, BANGALORE - 560 037. 10. SRI K.N.MOHAN S/O LATE K.NARAYANA REDDY, AGED ABOUT 54 YEARS, RESIDING AT NO. 446, 28TH MAIN, 1ST SECTOR, HSR LAYOUT, BANGALORE - 560 102. 11. SMT RADHAMMA AGED ABOUT 71 YEARS, W/O LATE K.SRINIVASA REDDY, RESIDING AT NO. 45, KASAVANAHALLI, BANGALORE - 560 037. 12. SRI K.S.SURESH S/O LATE K.SRINIVASA REDDY, AGED ABOUT 53 YEARS, RESIDING AT NO. 45, KASAVANAHALLI, BANGALORE - 560 037. 13. SRI K.S.JAGADEESH REDDY S/O LATE K.SRINIVASA REDDY, AGED ABOUT 51 YEARS, RESIDING AT NO. 45, KASAVANAHALLI, BANGALORE - 560 037. 14. SRI K.S.SATISH S/O LATE K.SRINIVASA REDDY, RESIDING AT NO. 45, KASAVANAHALLI, BANGALORE - 560 037. 15. SRI A.N.SUBHAS CHANDRA - 4 - NC: 2025:KHC:4583 RFA No. 2130 of 2023 AGED ABOUT 66 YEARS, S/O LATE A.V.NARASIMHA REDDY, RESIDING AT FIRST FLOOR, BLOCK NO. 20, RADIANCE CORPORATE LEISURE SUN CITY APARTMENTS, IBBALUR VILLAGE, BANGALORE SOUTH TALUK. BANGALORE - 560 034. 16. SRI A.N.LINGA REDDY AGED ABOUT 64 YEARS, S/O LATE A.V.NARASIMHA REDDY, RESIDING AT NO.1, KOTEMANE, 10TH A-MAIN, INDIRANAGAR, 2ND STAGE, BANGALORE - 560 038. 17. SMT Y.P.HEMAMALINI REDDY W/O LATE A.N.RAJA VENKAT REDDY, AGED ABOUT 45 YEARS, RESIDING AT NO. 53/18, 2ND CROSS, 2ND MAIN, LALJINAGAR, LAKKASANDRA, BANGALORE - 560 030. 18. SMT A.N.SARASWATHI AGED ABOUT 58 YEARS, D/O LATE SRI A.V.NARASIMHA REDDY, SINCE DEAD BY LRS I.E. DEFENDANTS NO. 14 TO 16. 19. MISS. S.LIKITHA LAKSHMI AGED ABOUT 24 YEARS, D/O OF K.S.SURESH, RESIDING AT NO. 45, KASAVANAHALLI, BANGALORE - 560 037. 20. SRI S.NIKHIL REDDY AGED ABOUT 20 YEARS, S/O K.S.SURESH, RESIDING AT NO. 45, KASAVANAHALLI, BANGALORE - 560 037. 21. BHARAT PETROLEUM COPRORATION LIMITED (BPCL), - 5 - NC: 2025:KHC:4583 RFA No. 2130 of 2023 A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1913, HAVING ITS TERRITORY OFFICE AT: DU-PARC TRINITY, 7TH FLOOR, 17, M.G.ROAD, BANGALORE- 560 001. REPRESENTED BY ITS TERRITORY MANAGER, (RETAIL). MR. RAJEEV KUMAR. 22. M/S. THE KARNATAKA ELECTRICITY BOARD EMPLOYEES CO-OPERATIVE SOCIETY LTD., BANGALORE. PRESENTLY KNOWN AS KPTCL EMPLOYEES CO-OPERATIVE SOCIETY LTD., HAVING ITS REGISTERED OFFICE AT: ANANDA RAO CIRCLE, RACE COURSE ROAD, BANGALORE - 560 009. 23. SRI K.P.CHAMPAKADAMASWAMY MAJOR, S/O SRI K.S.PUTTASWAMY, HON'BLE SECRETARY, M/S .THE KARNATAKA ELECTRICITY BOARD EMPLOYEES CO-OPERATIVE SOCIETY LTD., BANGALORE, PRESENTLY KNOWN AS KPTCL EMPLOYEES CO-OPERATIVE SOCIETY LTD., HAVING ITS REGISTERED OFFICE AT: ANANDA RAO CIRCLE, RACE COURSE ROAD, BANGALORE - 560 009. 24. M/S. GOLDEN GATE PROJECTS A PARTNERSHIP FIRM UNDER THE INDIAN PARTNERSHIP ACT HAVING ITS REGISTERED OFFICE AT: NO. 96, 1ST FLOOR, 4TH B-BLOCK, KORAMANGALA EXTENSION, BANGALORE - 560 034 REPRESENTED BY ITS PARTNER, SRI S.MARTIN S/O SRI.SANTHIAGO. - 6 - NC: 2025:KHC:4583 RFA No. 2130 of 2023 25. MS. ANUSHA A.S. ALSO KNOWN AS ANUSHA A.S.KAMATH, (ADOPTED DAUGHTER), AGED ABOUT 22 YEARS, D/O LATE DR. A.N.RAJAVENKATA REDDY, AND SMT. Y.P.HEMAMALINI REDDY. 26. MASTER AKSHAYA.A.S. ALSO KNOWN AS AKSHAYA PUTTUR KAMATH A S, (ADOPTED SON), AGED ABOUT 15 YEARS, S/O LATE DR A.N.RAJAVENKATA REDDY, AND SMT. Y P HEMAMALINI REDDY, BEING MINOR REP. BY HER NEXT FRIEND, KUMARI ANUSHA A.S. D/O LATE DR. A.N.RAJAVENKATA REDDY, AND SMT Y.P.HEMAMALINI REDDY, RESPONDENTS NO.25 AND 26 ARE R/AT:NO.53/18, 2ND MAIN 2ND CROSS, LALJINAGAR, LAKKASANDRA, BENGALURU-560 0030. …RESPONDENTS (BY SRI. A.MADHUSUDHANA RAO., ADVOCATE FOR C/R1; SRI. RAJESHWARA.P.N., ADVOCATE FOR C/R3) 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 submits that short accommodation may be granted to comply with the office objections. - 7 - NC: 2025:KHC:4583 RFA No. 2130 of 2023 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 Registrar (P & H) and sufficient time was granted to comply with the office objections. Again the appeal was listed on 09.01.2025, 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 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 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 09.01.2025, the appeal is dismissed for non- compliance of office objections. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 20