The court dismissed the first appeal for non-prosecution and non-compliance with office objections due to the appellant's absence and failure to appear.
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 07TH DAY OF DECEMBER, 2021
BEFORE
THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
R.F.A. No.566 OF 2014
BETWEEN:
ALL ARE RESIDING AT CHOLANAYAKANAHALLI VILLAGE KASABA HOBLI
RFA.No.566/2014
2
BANGALORE NORTH TALUK. REPRESENTED BY THEIR GPA HOLDER SRI.LAKSHMANA S/O ABBAYYAPPA @ ABBAIAH AGED ABOUT 44 YEARS, RESIDING AT NO.136, MUNISWAMAPPA LAYOUT, MUNIREDDYPALYA, BANGALORE-560006.
…APPELLANTS
(BY SRI. NARAYAN M, ADVOCATE-ABSENT)
AND :
ALL ARE RESIDING AT NO.656, 6TH MAIN, VIJAYANAGAR, BANGALORE-560040.
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SL.No. 5 AND 6 ARE R/AT NO.36, TEMPLE STREET, MALLESHWARAM, BANGALORE-560003.
7 . SMT. KAMALAMMA S/O LATE AYLURAJU, AGED ABOUT 75 YEARS, R/AT YAMALUR, HAL POST, BANGALORE-560 008.
8 . SRI. MUNISWAMIRAJU S/O LATE RAMARAJU, MAJOR RESIDING AT NO.83, GAYATHRIDEVI PARK ROAD, VYALIKAVAL, BANGALORE-560003.
9 . SMT. YASHODA D/O GURUVAPPA, AGED ABOUT 55 YEARS, RESIDING AT NO.18, LAKSHMAIAH BLOCK, 10TH CROSS, GANGANAGAR NORTH, BANGALORE-560 032
10 . SMT. PAPAMMA W/O M RAMARAJU MAJOR RESIDING AT NO.4 11TH CROSS, GANGANAGAR BANGALORE-560 032
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RFA.No.566/2014
11 . SRI S MURTHY S/O SIDDAPPA, MAJOR RESIDING AT 1ST MAIN MUNIRAMANNA BLOCK GANGANAGAR, BANGALORE-560 032 12 . SRI S PRAKASH S/O SUBBARAJU, MAJOR RESIDING AT NO.498, 9TH CROSS, 9TH MAIN, RMV EXTENSION, SADASHIVANAGAR, BANGALORE-560 005
13 . P.S.R. CONSTRUCTIONS REPTD. BY ITS MANAGING DIRECTOR SRI P SRIDHAR REDDY, NO.18, 4TH MAIN, HGH LAYOUT GANGANAGAR, BANGALORE-560 032.
…RESPONDENTS
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 18.12.2013 PASSED IN O.S.5042/2008 ON THE FILE OF THE XII-ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE, DISMISSING THE SUIT FOR DECLARATION, POSSESSION AND PERPETUAL INJUNCTION.
THIS APPEAL COMING ON FOR ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCE, THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
None appear in this appeal either physically or
through video conference.
the appeal is of the year 2014. In spite of granting several and sufficient opportunities as finally and also not less than four times, the appellant has not complied with office objections. No reasons are forthcoming either for non-compliance of office objections or for nonappearance of learned counsel for the appellant as such,
the appeal stands dismissed for non-compliance as well
as for non-prosecution.
Sd/JUDGE
mv
1 provisions across 1 enactments
Smt. Muniyamma W/o Late Kempiah & others
Smt. Kempamma W/o Late H. Thimmaiah & others
Dr. Justice H.B. Prabhakar Sastry
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
