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2025 DAILYLAW 34129 (KAR)

SMT. KEMPAMMA @ DEEPA v. SMT. MORTHY DEVI

RFA/2184/2023 · 2025-01-21

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:2460 RFA No. 2184 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 2184 OF 2023 (PAR) BETWEEN: 1. SMT. KEMPAMMA @ DEEPA W/O LATE RAMESHCHAND AGARWAL, AGED ABOUT 50 YEARS, R/AT NO. 8, K.S.GARDEN, THAMRI KANNAN ROAD, MURPHY TOWN, ULSOOR, BENGALURU-560 008. 2. SRI. MAHENDRA KUMAR S/O LATE RAMESHCHAND AGARWAL, AGED ABOUT 29 YEARS, R/AT NO. 8 K.S.GARDEN, THAMRI KANNAN ROAD, MURPHY TOWN, ULSOOR, BENGALURU-560 008. 3. KUMARI REKHA @ GAYETHRI S/O LATE RAMESHCHAND AGARWAL AGED ABOUT 27 YEARS, R/AT NO. 8 K.S.GARDEN, THAMRI KANNAN ROAD, MURPHY TOWN, ULSOOR, BENGALURU-560 008. 4. MASTER NAVEEN KUMAR S/O LATE RAMESHCHAND AGARWAL, AGED ABOUT 23 YEARS, R/AT NO. 8 K.S.GARDEN, Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:2460 RFA No. 2184 of 2023 THAMRI KANNAN ROAD, MURPHY TOWN, ULSOOR, BENGALURU-560 008. …APPELLANTS (BY SRI. BALAJI PRASAD.H., ADVOCATE FOR SMT. SUNITHA.H.SINGH., ADVOCATE) AND: 1. SMT. MORTHY DEVI W/O LATE RAMESHCHAND AGARWAL, AGED ABOUT 58 YEARS, R/AT NO. 137, 5th MAIN, 4th CROSS, BHUVANESHWARI NAGAR, T.DASARAHALLI, BENGALURU-560 057. 2. SRI. NAGESH AGARWAL S/O LATE RAMESHCHAND AGARWAL, AGED ABOUT 41 YEARS, R/AT NO. 137, 5th MAIN, 4th CROSS, BHUVANESHWARI NAGAR, T.DASARAHALLI, BENGALURU-560 057. 3. SRI. ASHOK KUMAR AGARWAL W/O LATE RAMESHCHAND AGARWAL, AGED ABOUT 36 YEARS, R/AT NO. 137, 5th MAIN, 4th CROSS, BHUVANESHWARI NAGAR, T.DASARAHALLI, BENGALURU-560 057. …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 Sri.Balaji Prasad.H., counsel on behalf of Smt.Sunitha H.Singh., for the appellants has appeared in person and - 3 - NC: 2025:KHC:2460 RFA No. 2184 of 2023 submits that short accommodation may be granted to comply with the office objections. This Court is not inclined to grant time. The reason is simple. As could be seen from the daily order sheet, the appeal was listed before the Registrar (P & H) and time was granted to comply with the office objections. Thereafter, the appeal was listed before the Court on 10.01.2025, on that day, finally, two week's time was granted to comply with the office objections, failing which the appeal was ordered to be listed under the caption 'for dismissal of appeal for non-compliance of office objections' on 21.01.2025. The appeal is listed today under the caption 'for dismissal of appeal for non-compliance of office objections'. Despite granting sufficient time, the office objections are not complied with. It appears that the appellants are not interested in prosecuting the appeal. Hence, the Regular First Appeal is dismissed for non-compliance of office objections. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 20