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2025 DAILYLAW 35290 (KAR)

SRI LOORDU SWAMY v. SRI M KRISHNAM RAJU

RFA/2442/2023 · 2025-01-21

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:2499 RFA No. 2442 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. 2442 OF 2023 (PAR/DEC) BETWEEN: 1. SRI LOORDU SWAMY S/O LATE AROGYASWAMY, AGED ABOUT 57 YEARS, 2. SMT SAGAI MARY D/O LATE AROGYASWAMY, AGED ABOUT 59 YEARS, 3. SMT CHINNAPPA S/O LATE AROGYASWAMY, AGED ABOUT 56 YEARS, 4. SMT ANNAMMA D/O LATE AROGYASWAMY, AGED ABOUT 53 YEARS, 5. SMT KANIKYAI MARY D/O LATE AROGYASWAMY, AGED ABOUT 52 YEARS, 6. SRI CHOWRAPPA S/O LATE AROGYASWAMY, AGED ABOUT 49 YEARS, 7. SRI IGNNESHAPPA S/O LATE AROGYASWAMY, AGED ABOUT 48 YEARS, 8. SMT ANTHONY MARY D/O LATE AROGYASWAMY, AGED ABOUT 43 YEARS, Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:2499 RFA No. 2442 of 2023 9. SMT PUSHPA MARY LATE AROGYASWAMY, AGED ABOUT 42 YEARS, 10. SRI FRANCIS S/O LATE AROGYASWAMY, AGED ABOUT 39 YEARS, ALL ARE RESIDING AT BYRATHI VILLAGE, BIDARAHALLI HOBLI, BNAGALORE EAST TALUK. …APPELLANTS (BY SRI. MADHUKAR NADIG., ADVOCATE) AND: 1. SRI M KRISHNAM RAJU S/O MARIYAPPA, R/O NO. 9, PARK CIRCLE, BASAVANA TEMPLE STREET, BENGALURU-53. 2. MRS JOHN.H MEKENZIE AGED ABOUT 65 YEARS, W/O LATE JOHN IV OR IICKENZIE, 3. MR JOHN KEVIN LATE MR JOHN IVOR MC KENZIE, AGED ABOUT 69 YEARS, 4. MR. MARK CHARLES LATE MR JOHN IVOR MC KENZIE, AGED ABOUT 64 YEARS, 5. JANICE MARGARET @ FRENCH LATE MR JOHN IVOR MC KENZIE, AGE NOT KNOWN, MAJOR. 6. COLLEEN RABECA @ WALKER LATE MR JOHN IVOR MC KENZIE, AGED ABOUT 60 YEARS, - 3 - NC: 2025:KHC:2499 RFA No. 2442 of 2023 ALL ARE R/AT NO. 96/2, KAMMANAHALLI MAIN ROAD, BANASAWADI, BENGALURU-560 043. 7. SRI V.S.VENKATESH S/O V.G.SANJEEVI, AGED ABOUT 53 YEARS, R/AT NO. 15/1, SAUNDERS ROAD, FRAZER TOWN, BENGALURU-560 005. 8. M/S MODEL VENTURES REPRESENTED BY ITS MANAGING PARTNERS, M.B.KAILESH NAITH, S/O LATE M.K.BHARGVAN PILLAI, AGED ABOUT 54 YEARS, R/AT NO. 15/1, SAUNDERS ROAD, FRAZER TOWN, BENGALURU-560 005. …RESPONDENTS (BY SRI.P.B.AJIT.,ADVOCATE FOR C/R7) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CPC, 1908. THIS REGULAR FIRST APPEALI IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Madhukar Nadig., 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 grant time. The reason is simple. As could be seen from the daily order sheet, the appeal - 4 - NC: 2025:KHC:2499 RFA No. 2442 of 2023 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.: 72