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2023 Supreme(Online)(KAR) 14284
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NC: 2023:KHC:19257
RFA No. 86 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
REGULAR FIRST APPEAL NO. 86 OF 2022 (PAR/INJ)
BETWEEN:
1.
SMT MUNIRATHNAMMA
70 YEARS
D/O SRI POLICE MUNIYAPPA
2.
SRI S SOMESH
56 YEARS
S/O LATE SRI R SHAMAPPA
3.
SRI S MANJUNATH
46 YEARS
S/O LATE SRI R SHAMAPPA
4.
SMT. S RENUKA
48 YEARS
D/O LATE SRI R SHAMAPPA
ALL ARE RESIDENTS OF
VADDARAPALYA VILLAGE
J PNAGAR, II PHASE,
UTTARAHALLI HOBLI
GOTTIGERE POST
BENGALURU - 83
…APPELLANTS
(BY SRI. MOHAN KUMAR T., ADVOCATE)
Digitally signed
by VEENA
KUMARI B
Location: High
Court Of
Karnataka
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NC: 2023:KHC:19257
RFA No. 86 of 2022
AND:
1.
SRI MUNIYAPPA @ POLICE MUNIYAPPA (RETD)
DEAD
SRI VENKATESH
65 YEARS
S/O LATE SRI RAMAIAH
R/AT S O S POST
JAMBOOSAVARI DINNE
UTTARAHALLI HOBLI
BENGALURU SOUTH TALUK
BENGALURU
…RESPONDENT
THIS REGULAR FIRST APPEAL IS FILED UNDER SEC.96 OF
CPC., AGAINST THE JUDGMENT AND DECREE DATED 19.07.2012
PASSED IN OS.NO. 5180/2005 ON THE FILE OF THE XXV
ADDITIONAL CITY CIVIL JUDGE, BANGALORE, DISMISSING THE
SUIT FOR INJUNCTION.
THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS
THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY,
THE COURT MADE THE FOLLOWING:
Learned counsel for the appellants is neither present
physically nor through video conference. No reasons are
forthcoming for his nonappearance.
In
spite
of
granting
several
and
sufficient
opportunities, the appellants have neither complied the office
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objections nor shown any reasons for his nonappearance
either physically or through video conference.
3.
A perusal of the order sheet would go to show that
the office objections which are yet to be complied with are too
simple and trivial in nature, which includes removal of the
pencil markings, filing of trial Court valuation slip and typed
copy of decree in O.S. correctly stating OS number and
mentioning number of delays etc., To comply these simple
office objections sufficient time has been taken by the
appellant since from the year 2022.
5.
In the above circumstances, I do not find any
reasons to grant further time for compliance of office
objections.
Accordingly, appeal stands dismissed for noncompliance
of office objections, as well as for non-prosecution.
Sd/-
JUDGE
BVK
List No.: 1 Sl No.: 50
