The High Court of Karnataka dismissed a regular first appeal filed under Order 41 Rule 1 read with Section 96 of the CPC for non-prosecution, as the appellant failed to remove pending office objections within the granted time.
The appeal filed by the appellant is dismissed for non-prosecution.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS 1 DAY OF JULY, 2013
PRESENT
THE HON BLE MR. JUSTICE N.K.PATIL
AND
THE HON BLE MR. JUSTICE B.MANOHAR REGULAR FIRST APPEAL NO 519 OF 2012
BETWEEN
I. MR. ALl KHWAJA
NO.418, 1ST MAIN, 1ST BLOCK, AGED 60 YEARS R T NAGAR, BANGALORE 560032 8/0 LATE MR K A GAFOOR
REP BY INDRAKAMAL PRESENT ADDRESS NO.4 18, CONSTRUCTIONS PVT LTD 2. M/S BANJARA DEVELOPERS & ... APPELLANTS DARUS SALAM, QUEENS ROAD, BANGALORE 560 052 BANGALORE 560032 1ST MAIN, 1ST BLOCK, R T NAGR,
Sri. SURESHA & SRI. K. R. PRADEEP, AI)VOCATES) (By RAJAGOPALA NAIDU, SRI SIDDARA.JU M. SRI.
4,t)N f’’)
RFA.No.519/ 12
AND
AGED 80 YEARS 1. MRS VENKATAMMA W/O LATE MUNIVENKATAPPA
MAJOR BY AGE 2. MR RAMAKRISHNA S/O LATE MUNIVENKATAPPA
MAJOR BY AGE EARLIER BENGALURU DISTRICT MELLIGEMETLU POST, MARALAVADI HOBLI, 3. MRS NEELAMMA KANAKAPURA TALUK, NOW RAMANAGARA DIST D/O LATE MUNIVENKATAPPA W/O LATE CHINNAPPA R/AT CHANNEGOWDANADODDI VILLAGE,
AGED 50 YEARS 5. MRS JAYALAKSHMI W/O MARIYAPPA
i fL (tIjL , 1;,, )/
RFA.No.519/ 12
D/O LATE MUNIVENKATAPPA W/O RAJAPPA W/O LAKKAPPA R/AT CHANNEGOWDANADODDI VILLAGE, R/AT GOLLAHALLI VILLAGE, BUDIGERE POST, EARLIER BENGALURU DISTRICT AGED 49 YEARS BENGALURU DISTRICT AGED 45 YEARS MELLJGEMETLU POST. MARALAVADI HOBLI, DEVANAHALLI TALUK 7. MRS RUKMANI KANAKAPURA TALUK, NOW RAMANAGARA DIST 6. MRS SARASWATHI D/O LATE MUNIVENKATAPPA D/O LATE MUNIVENKATAPPA
AGED 42 YEARS 8. MR GANESH MURTHY S/0 LATE MUNIVENKATAPPA
£j; j
4
RFA.No,519/ 12
D/O LATE MUNIVENKATAPPA W/O NARAYANASWAMY
D/O LATE MUNIVENKATAPPA W/O SATISH KUMAR R/AT NOJI4, MUNICIPAL OFFICE ROAD, AGED 34 YEARS YELAHANKA, BENGALURU 84 10. MRS GANGA PARAMESHWARI
T/Q MUNIYAPPA D/O LATE MUNIVENKATAPPA AGED 31 YEARS 11. MRS SURYAKANTI
Ri, R2, R4, R8, R9 & Ru R/AT NO7/92, 5TH CROSS, BENGALURU - 84. H.M. ROAD, LINGARAJAPURAM, ARE
W/O VENKATESH R/AT HORAMAVU VILLAGE & POST. AGED 33 YEARS BENGALURU 33 12. MRS SIIOBHA
RFA.No.519/ 12
13, MR N RAJU S/O P NARAYANASWAMY, MAJOR BY AGE
K R PURAM HOBLI, R/OF HORAMAVU AGARA VILLAGE, BENGALURU SOUTH TALUK BENGALURU
AGED 62 YEARS 14. MR MICHAEL ZAKHARIA
S/O LATE SCARIA MICHEL R/AT C-1/6, BDA FLATS, KENSINGTON ROAD, BENGALURU 42
VEMPLA 3RD CROSS, 7 5/0 V J MATHEW. R/A NO.18, AGEI) 48 YERS 16. DR BOBBY MTHEW
f ri
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RFA.No.519/12
BENCALURU 75 VIGNANANAGAR,
W/O LATE A LAKSHMANAN R/A NO.1-2-217/2/3, GAGAN MAHAL AGED 7OYERS HYDERABAD 500 029 ROAD, DOMULAGUDA, 17. SMT BALA LAKSHMANAN
W/O BHASKAR SHARMA R/A NO.739, 1ST FLOOR, AGED 47 YEARS BENGALURU 560075 4TH MAIN, 1ST BLOCK, 18. MRS ASHA SHRMA HAL 3RD STAGE A
R/’T NO.1-2-2172/2/3, W/O M 0 SARATFIY AGED 56 YEARS DOMULAGUDA, HYDERABAD 500029 19. MRS LATHA SARATHY GAGAN MAHAL ROAD,
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7
RFA.No.519/ 12
(By Sri. V B SHIVAKUMAR, ADV. FOR C/R12)
THIS RFA FILED UNDER ORDER 41 RULE 1 R/W SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 16.12.2011 PASSED IN O.S.NO.16882/2004 ON THE FILE OF THE XXVIII ADDL. CITY CIVIL JUDGE, MAYOHALL UNIT, BANGALORE, DISMISSING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION.
This Regular First Appeal is coming on for orders on this day, the Court made the following
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RFA.No.519/ 12
ORDIE
One week’s time is granted, for removing office objections, failing which, the appeal filed by the appellant stands dismissed for
non-prosecution, without reference to Court.
JUDGE JUDGE Sd/ Sd/
NOTE:
Hence appeal stands dismissed. Vide Order dated:O1-07-13, Office objections are not complied with.
, ‘3 T By: KTY C By:4@
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1 issue framed by the court
Whether the regular first appeal stands dismissed for non-prosecution due to failure to remove office objections.
2 provisions across 1 enactments
Mr. Ali Khwaja
M. Venkatamma
Mr. Ramakrishna
Mrs. Neelamma
Mr. K.M. Muniraju
Mrs. Jayalakshmi
N.K. Patil
B. Manohar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
