The High Court of Karnataka dismissed the revision application filed under Section 96 CPC because the appellants' counsel failed to appear despite multiple opportunities and the maintainability objection was never addressed.
Appeal returned to appellants to present before the appropriate court within three weeks.
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 BENGALURU
DATED THIS THE 10TH DAY OF DECEMBER, 2021
BEFORE
THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
R.F.A.No.1663 OF 2016
BETWEEN:
PRESENTLY RESIDING AT NO.1108, 3RD MAIN ROAD, E BLOCK, SUBRAMANYA NAGAR, RAJAJI NAGAR 2ND STAGE, BENGALURU -560010
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AND JAYAMMA AGED ABOUT 54 YEARS, RESIDING AT HANUMANTHEGOWDANA PALYA, THYAMAGONDALU HOBLI, KADALAGHATTA POST- 562 132 NELAMANGALA TALUK, BENGALURU RURAL DISTRICT.
AND:
H P RAMAIAH SINCE DECEAED BY HIS LEGAL REPRESENTATIVES
1.SMT RATHNAMMA WIFE OF LATE H P RAMAIAH, AGED ABOUT 65 YEARS, RESIDING AT HEGGADEDEVANAPURA VILLAGE, ALUR POST, DASANAPURA HOBLI,
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BENGALURU NORTH TALUK- 562 123
2 . SMT. ANNAPURNA WIFE OF G S RANGANATH DAUGHTER OF LATE H P RAMAIAH, AGED ABOUT 38 YEARS, RESIDING AT NO.127, 3RD CROSS, NEAR OLD CHECKPOST, VIDYANAGAR, T DASARAHALLI BENGALURU - 560 057
3 . SRI H R UMESH SON OF LATE H P RAMAIAH, AGED ABOUT 32 YEARS, RESIDING AT HEGGADEDEVANAPURA VILLAGE, ALUR POST, DASANAPURA HOBLI, BENGALURU NORTH TALUK - 562 123
4 . SMT. H R HEMAVATHI DAUGHTER OF LATE H P RAMAIAH, AGED ABOUT 30 YEARS, RESIDING AT CHANNANAYAKANAPALYA VILLAGE NAGASANDRA POST, BENGALURU -560 073
5 . SMT. H R ASHA DAUGHTER OF LATE H P RAMAIAH, AGED ABOUT 28 YEARS, RESIDING AT HEGGADEDEVANAPURA VILLAGE, ALUR POST, DASANAPURA HOBLI, BENGALURU NORTH TALUK -562 123
6 . SRI H R KANTHARAJU SON OF LATE H P RAMAIAH, AGED ABOUT 25 YEARS, RESIDING AT HEGGADEDEVANAPURA VILLAGE, ALUR POST, DASANAPURA HOBLI, BENGALURU NORTH TALUK- 562 123
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7 . P CHIKKABYRAPPA SON OF LATE PUTTABYRAPPA, SINCE DEAD BY HIS LEGAL REPRESENTATIVES SMT JAYAMMA WIFE OF P CHIKKABYRAPPA, AGED ABOUT 65 YEARS, RESIDING AT HEGGADADEVANAPURA VILLAGE, ALUR POST, DASANAPURA HOBLI, BENGALURU NORTH TALUK - 562 123.
8 . H G SIDDAPPA SON OF LATE PUTTABYRAPPA AGED ABOUT 75 YEARS, RESIDING AT HEGGADADEVANAPURA VILLAGE, ALUR POST, DASANAPURA HOBLI, BENGALURU NORTH TALUK - 562 123
9 . PATEL H V RAMAIAH SON OF LATE VEERABYRAPPA, AGED ABOUT 75 YEARS, RESIDING AT HEGGADADEVANAPURA VILLAGE, ALUR POST, DASANAPURA HOBLI, BENGALURU NORTH TALUK - 562 123
10 . SMT. SIDDAGANGAMMA AGED ABOUT 45 YEARS, RESIDING AT BLOCK NO.11, NAGARAYOJANA DAKALE SOMESHWARAPURA, SETTALLI ROAD, TUMKUR -572102
11 . SMT. KEMPARAJAMMA WIFE OF SEETHARAMAIAH, AGED ABOUT 40 YEARS, R/AT HEGGADADEVANAPURA VILLAGE, ALUR POST, DASANAPURA HOBLI, BENGALURU NORTH TALUK -562123
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12 . SMT. ANUSUYAMMA AGED ABOUT 40 YEARS, R/AT NO.19, 14TH MAIN ROAD AGRAHARA DASARAHALLI, MAGADI ROAD, BENGALURU 560023
13 . SMT. LALITHAMMA WIFE OF THIMMEGOWDA, AGED ABOUT 38 YEARS, R/AT NO.727, R S HIGH SCHOOL OPPOSITE TO MADIWALA, MADIWALA NEW EXTENSION, BENGALURU- 560068
14 . M/s. VIGNESHWARA TRADERS REPRESENTED BY ITS MANAGER GANAPATHI RAO AGED ABOUT 55 YEARS, NO.2, JYOTHINIVASA KUMARA KRUPA LAYOUT, BENGALURU -560001
15 . SRI H C BYREGOWDA SON OF LATE CHIKKABYRAPPA AGED ABOUT 35 YEARS, RESIDING AT HEGGADEDEVANAPURA VILLAGE, ALUR POST, DASANAPURA HOBLI, BENGALURU NORTH TALUK- 562123
16 . SRI H C PUTTASWAMYGOWDA SON OF LATE CHIKKABYRAPPA AGED ABOUT 32 YEARS, RESIDING AT HEGGADEDEVANAPURA VILLAGE, ALUR POST, DASANAPURA HOBLI, BENGALURU NORTH TALUK- 562123
17 . SMT. BHAGYALAKSHMI DAUGHTER OF LATE CHIKKABYRAPPA
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WIFE OF GOPALAIAH AGED ABOUT 38 YEARS, VETERINARY DOCTOR, KARNATAKA MILK FEDERATION, DEVENAHALLI -562110 BANGALORE RURAL DISTRICT
18 . SMT. H C SARASWATHAMMA DAUGHTER OF LATE CHIKKABYRAPPA, AGED ABOUT 36 YEARS, RESIDING NEAR STADIUM KUVEMPUNAGAR, TUMKUR 572103
19 . SMT. USHA WIFE OF NARASIMHAMURTHY DAUGHTER OF LATE CHIKKABYRAPPA, AGED ABOUT 34 YEARS, RESIDING NEAR STADIUM KUVEMPUNAGAR, TUMKUR 572103
20 . SMT. H C SHOBHA DAUGHTER OF LATE CHIKKABYRAPPA AGED ABOUT 25 YEARS, RESIDING AT HEGGADEDEVANAPURA VILLAGE, ALUR POST, DASANAPURA HOBLI -562123 BENGALURU NORTH TALUK
21 . SRI. THIMMAPPA SON OF RAMAIAH AGED ABOUT 45 YEARS, RESIDING AT HEGGADEDEVANAPURA VILLAGE, DASANAPURA HOBLI, ALUR POST- 562123 BENGALURU NORTH TALUK
22 . SRI RAMAIAH SON OF CHIKKAHANUMAIAH AGED ABOUT 55 YEARS,
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RESIDING AT HEGGADEDEVANAPURA VILLAGE, ALUR POST, DASANAPURA HOBLI- 562123 BENGALURU NORTH TALUK ..RESPONDENTS
THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 18.04.2016 PASSED IN OS.NO.127/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE, NELAMANGALA, DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION AND MESNE PROFITS.
This R.F.A. coming on for Orders, through Physical Hearing/Video Conferencing Hearing, this day, the Court made the following:
O R D E R
None appear for the parties either physically or through video conference. No reasons are forthcoming for their nonappearance.
A perusal of the order sheet would go to show that, inspite of granting sufficient opportunities, the learned counsel for appellants has neither appeared nor made submissions in response to the office objection raised on maintainability.
As long back as on 25.09.2018, this court observed that in case, the learned counsel for the appellants does not turn up, the court would pass appropriate orders on the next date of hearing. Thereafter, the matter came up on two more hearing dates during further three years, then also, the appellants remained absent.
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As such, office objection regarding maintainability has to be accepted. Accordingly, appeal stands returned to the appellants to present the same before the appropriate court having pecuniary jurisdiction within three weeks from today.
Sd/JUDGE
SBN
1 issue framed by the court
Whether the appeal, filed by absent counsel without addressing maintainability, can be allowed in their absence.
1 provisions across 1 enactments
Ramakrishna @ Ramakrishnaiah and others
Smt. Rathnamma and others
H.B. Prabhakar Swamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
