Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 35211 (KAR)

SRI NARAYANASWAMY v. SMT SRIDEVI

RFA/2432/2023 · 2025-01-21

Jyoti Mulimani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:2498 RFA No. 2432 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. 2432 OF 2023 (INJ) BETWEEN: 1. SRI NARAYANASWAMY S/O LATE THAYAPPA, AGED ABOUT 61 YEARS, 2. SRI GOVINDARAJ S/O LATE THAYAPPA, AGED ABOUT 61 YEARS, 3. SRI RAMACHANDRA S/O LATE THAYAPPA, AGED ABOUT 66 YEARS, ALL ARE RESIDING AT RACHENAHALLI MAIN ROAD, ARABIC COLLEGE POST, THANISANDRA, BANGALORE. SRI. THAYAPPA DIED LEAVING BEHIND APPELLANTS AND RESPONDENT AS HIS LEGAL HEIRS. …APPELLANTS (BY SRI. NARAYANASWAMY.P.M., ADVOCATE [ABSENT]) AND: SMT. SRIDEVI W/O LATE T.MURTHY @ KRISHNA MURTHY, AGED ABOUT 42 YEARS, RESIDING AT NO.538, RACHENAHALLI MAIN ROAD, ARABIC COLLEGE POST, Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:2498 RFA No. 2432 of 2023 THANISANDRA, BANGALORE. …RESPONDENT 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 When the case is called, the appellants are not represented. When the case is listed and called out, the advocate must be present. The absence may affect the case. As could be seen from the daily order sheet, the appeal was listed before the Registrar (P & H) and also before the Court and time was granted to comply with the office objections. Thereafter, the appeal was listed 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 - 3 - NC: 2025:KHC:2498 RFA No. 2432 of 2023 with. As already noted above, when the case is called, the appellants are not represented. It appears that the appellants are not interested in prosecuting the appeal. Hence, the Regular First Appeal is dismissed for non-prosecution and also non-compliance of office objections. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 71