Respondent filed a Regular Form of Appeal under Section 96 CPC due to non-filing of the paper book despite granted time. The High Court of Karnataka dismissed the appeal 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.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA
R.F.A. NO.1129 OF 2012
BETWEEN :
SMT MANGALA DEVI W/O NARAYANASWAMY, D/O SHRI MUNINAGA, AGED ABOUT 30 YRS, R/O NO.269, C/O MANJUNATHA ENTERPRISES, 1ST CROSS, MUNIVENKATAPPA GARDEN, K H LAYOUT, THAVAREKERE, BANGALORE - 29
… APPELLANT
(BY SRI. M VENKATAPPA, ADVOCATE)
AND :
AGED ABOUT 30 YEARS,
2
AGED ABOUT 43 YEARS,
NOS.1 TO 4 RESIDING AT NO.592, SITUATED BEHIND SITARAM KALYAN MANTAPA, KENGERI HOBLI, BANGALORE SOUTH TALUK - 60
5 . SHRI K A NARAYANAPPA S/O LATE YARAPPA AGED ABOUT 58 YEARS, RESIDING AT NO.5454, BUS STAND ROAD, KENGERI, BANGALORE SOUTH TALUK - 60
6 . SMT SATHYAVATHI W/O ANJANAPPA, AGED ABOUT 37 YEARS, KOMMAGHATTA CROSS, BANDEMATA CROSS, KENGERI SATELLITE TOWN, BANGALORE-60
... RESPONDENTS
(BY SRI M B CHANDRACHOODA, ADVOCATE FOR R5- ABSENT; NOTICE TO R1 TO R4 & R6 SERVED, UNREPRESENTED)
THIS RFA IS FILED UNDER SECTION 96 OF THE CODE CIVIL PROCEDURE PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 16.02.2012 PASSED BY THE HON'BLE XXXVIII ADDL. CITY CIVIL JUDGE AT BANGALORE CITY IN O.S.NO.6533/2009 THEN DECREE THE SUIT FILED BY THE PLAINTIFF/APPELLANT WITH COSTS THROUGHT OUT, IN THE INTEREST OF JUSTICE AND EQUITY.
3
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant prays time to file paper book.
Paper book is not filed even after granting sufficient
time. Hence, the prayer is rejected.
Accordingly, appeal is dismissed for non prosecution.
Sd/- JUDGE
Mds
SMT MANGALA DEVI W/O NARAYANASWAMY
SHRI MUNINAGARAJ @ NAGARAJ S/O LATE A MUNIYAPPA
SHRI RAMACHANDRA S/O MUNINAGARAJ
SHRI MUNIYELLA S/O MUNINAGA
SMT CHIKKAMUNIYAMMA W/O NAGARAJ @ MUNINAGARAJ
SHRI K A NARAYANAPPA S/O LATE YARAPPA
V SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
