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2025 DAILYLAW 49056 (KAR)

RAGHAVENDRA v. RAGHU

RSA/1370/2024 · 2025-06-06

H P Sandesh

body2025

Judgment text

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF JUNE, 2025 BEFORE THE HON' BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO. 1370 OF 2024 BETWEEN: RAGHAVENDRA S/O LATE RAMASHETTY AGED ABOUT 41YEARS R/AT GANIGARA STREET, BELUR, HASSAN-573115 ...APPELLANT/S (By Sri./Smt: RAJ PRABHU S., S.M.BELWATAGI AND VENKATESH, ADVOCATES) AND: 1. RAGHU S/O LATE RAMASHETTY AGED ABOUT 56 YEARS R/AT NO 10/2, 1ST CROSS VENKATAMMA BUILDING NEAR VENAKTESHWARA TEMPLE GORAGUNTEPALYA BANGALORE-22 2. DIVAKARA S/O LATE RAMASHETTY …2 RSA NO. 1370/2024 2 AGED ABOUT 50 YEARS R/AT NO 10/2, 1ST CROSS VENKATAMMA BUILDING NEAR VENKATESHWARA TEMPLE GORAGUNTEPALYA BANGALORE-22 3. CHAYAPATHI S/O LATE RAMSHETTY AGED ABOUT 45 YEARS R/AT SHIVAJYOTHI PANA STREET PETE, BELUR 4. JIVARAJ S/O LATE RAJASHETTY AGED ABOUT 40 YEARS R/AT NO 10/2 1ST CROSS VENKATAMMA BUILDING NEAR VENKATESHWARA TEMPLE GORAGUNTEPLAYA BANGALORE-22 5. MADAN S/O LATE RAMSHETTY AGED ABOUT 30 YEARS R/O SHIVAJYOTHI PANA STREET PETE BELUR …3 RSA NO. 1370/2024 3 HE IS ABNORMAL REPRESENTED BY HIS SISTER 9TH REPSONDENT SHUBHA 6. PANKAJA D/O LATE RAMASHETTY, W/O KANNAIAH K.P, AGED ABOUT 58 YEARS, R/AT DOOR NO. 108, OPPOSITE S.M.S TOWNSHIP ASHRAMA STAND, BINNAMANGALA, NELAMANGALA RURAL TALUK, BANGALORE RURAL DISTRICT. 7. SUDHA D/O LATE RAMASHETTY, W/O PRASANNAKUMAR, AGED ABOUT 53 YEARS, R/AT DOOR NO.806, B.M. SHAKARAPPA LAYOUT, 1ST CROSS, K.N. EXTENSION, TIPATURU 8. VINODHA D/O LATE RAMASHETTY, W/O SOMASHEKARA, AGED ABOUT 50 YEARS, C/O H.V. THIMAPPASHETTY, …4 RSA NO. 1370/2024 4 NASHE BUSINESS, G.L.B. ROAD, HUNASURU. 9. SHUBHA D/O LATE RAMASHETTY, AGED ABOUT 45 YEARS, R/O SHIVAJYOTHI PANA STREET, PETE, BELUR 10. BHAVYA D/O LATE RAMASHETTY, AGED ABOUT 36 YEARS, R/AT NO.111, KRISHNA KUTIRA, TANISANDRA, BANGALORE-45 11. SHARADAMMA W/O LATE RAMASHETTY, AGED ABOUT 75 YEARS, R/O SHIVAJYOTHI PANA STREET, PETE, BELUR 12. L.NAGARATHNA W/O ESHWARAPPA, AGED ABOUT 55 YEARS R/AT 3RD CROSS, DURGIGUDI HONNALI, DAVANAGERE. …RESPONDENT/S …5 RSA NO. 1370/2024 5 REGULAR SECOND APPEAL FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 10.11.2023 PASSED IN RA No.3/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, BELUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 02.01.2019 PASSED IN OS No. 147/2009 ON THE FILE OF THE C/C CIVIL JUDGE, AND JMFC, BELLUR. This Regular Second Appeal coming on for Orders, this day the Court made the following Order. ORAL ORDER This appeal was filed on 17.09.2024 and office has raised the objections and matter was listed before the Registrar on 25.09.2024 for compliance of office objection, learned counsel was absent and three weeks time was granted for compliance of office objections and also made it clear that in the event of non- compliance of office objections within three weeks from today, post the matter before the undersigned. Accordingly, matter was listed before the Registrar on 03.12.2024, again counsel was absent, finally one week time was granted and similar order was passed and once again matter was listed before the Registrar on …6 RSA NO. 1370/2024 6 10.02.2025 and counsel was present and made the submission that he will comply with the office objections during the course of the day and office objections are not complied. Hence, an order was passed to post the matter before the Court. Hence, matter is posted before this Court. Having perused the order sheet, there are 17 office objections and none of the office objections are complied from the date of filing of this appeal. Hence, it is very clear that counsel is not pursuing the matter diligently. Therefore, on cost of Rs.1,000/- payable at Registry within two weeks, two weeks time is granted to comply with the office objections. If the office objections are not complied and cost is not paid within two weeks, the appeal shall stand dismissed without reference to the Bench. Sd/- JUDGE …7 RSA NO. 1370/2024 7 NOTE : Vide Court Order dated 06.06.2025, office objections are not complied with, hence appeal shall stand dismissed. COPY Sd/- ASSISTANT REGISTRAR T By : SR R By : RG C By : GS Ty Dt : 19.07.2025 C.Dt : 21.07.2025