IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF SEPTEMBER, 2025 PRESENT THE HON' BLE MR. JUSTICE JAYANT BANERJI AND THE HON' BLE MR. JUSTICE UMESH M ADIGA REGULAR FIRST APPEAL NO. 2088 OF 2012 BETWEEN C S VENKATESH S/O LATE M.C.K.SRINIVASACHAR, AGED ABOUT 68 YEARS, RESIDING AT NO.559, 16TH A MAIN ROAD, 3RD BLOCK, KORMANGALA, BANGALORE ...Appellant (By SRIYUTHS: NAVEED AHMED, SUNIL SANJEEV & A.S.AMAD KHAN, Advocates) AND 1 . D RAMACHANDRAPPA S/O SRI B.DHARMA NAIK, AGED ABOUT 69 YEARS, NO.5/1, PWD QUARTERS, JEEVAN BHEEMA NAGAR, BANGALORE 2 . K.R.SHANMUGAN S/O LATE SRI.K.S.RAMALINGAM, AGED ABOUT 48 YEARS, RFA.No.2088/2012 ---------------------- 2 3 . SMT. NAGALAKSHMI SHANMUGAM W/O SRI K.R.SHANMUGAM, AGED ABOUT 38 YEARS, RESPONDENT NOS.2 AND 3 ARE RESIDING AT NO.53/1, CAR STREET, HALASURU, BANGALORE ……..Respondents (By SRIYUTHS: S.VIVEKANANDA, V.GANGABAI, RAMESH, SHREYAS A., RAMESH BABU N., PRAJWAL P., VENKATANARAYANA CHARI S.R., Advocates for R2 and R3; Notice to R1 is held sufficient.) Notice issued to R2 but unserved) This Regular First Appeal filed U/S 96 of CPC, against the Judgment and Decree dated 16.10.2012 passed in O.S. No.7167/2006 on the file of XVII Addl. City Civil and Sessions Judge, Bangalore, partly decreeing the suit filed for declaration and permanent injunction. This Regular First Appeal is coming on for Dismissal this day, the Court made the following: ORAL ORDER The matter is listed for dismissal today in view of the previous order passed by this Court. On 19.08.2025, the following order was passed: RFA.No.2088/2012 ---------------------- 3 "A request has been made on behalf of learned counsel for the appellant for adjournment to enable him to file paper book. On the record it also appears that document requires translation. As such, to enable the learned counsel for appellant to file translations of documents on record, as well as to file paper book, two weeks time is granted. If necessary steps are not taken within two weeks, the matter be listed for dismissal. List this matter on 09.09.2025." Today again, the same office objections have been reiterated and the learned counsel for the appellant seeks a week's time for removing the defects. The appeal is of the year 2012. Therefore, subject to payment of cost of Rs.25,000/- (Rupees Twenty Five Thousand only) to the 'High Court Legal Services Committee', Bengaluru, within one week and removal of the defects within one week, the matter would be listed after two weeks. RFA.No.2088/2012 ---------------------- 4 In case of failure to deposit the cost for non-compliance or non-removal of the office objections, the appeal shall stand dismissed without any further reference to the Court. This order has been passed in the presence of the learned counsel for respondent Nos.2 and 3. Sd/- JUDGE Sd/- JUDGE NOTE: Court Order dt.09.09.2025 not complied with. Hence Appeal stands dismissed. COPY Sd/- ASSISTANT REGISTRAR T By : MK R By : VL C By : RM