The High Court dismissed an interlocutory application to recall a dismissal order dated 12.04.2021 and ordered the conclusion of the appeal and cross objection filed under Sections 96 and Order 41 Rule 22 CPC for non-prosecution due to unfiled paper books.
I.A.No.2/2021 rejected; appeal dismissed for non-prosecution; cross objection 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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF AUGUST, 2022
BEFORE
THE HON’BLE MR. JUSTICE V. SRISHANANDA
R.F.A.No.185/2014(PAR) C/W
R.F.A.CROB.No.17/2014
IN R.F.A.No.185/2014
BETWEEN
SRI M CHANDRA S/O LATE SRI MUNIKALAPPA, AGED ABOUT 40 YEARS, R/O NO.11, GANAPATHIPURA POST, BEHIND CAUVERY FORD SHOWROOM, KANAKAPURA ROAD, BANGALORE-560 062.
...APPELLANT
(BY SRI PRADEEP.R, ADVOCATE FOR SRI PAPI REDDY G, ADVOCATE)
AND
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W/O M.R.RAJENDRA PRASAD AGED ABOUT 56 YEARS, 4 . SMT.NEELAMMA W/O KRISHNAPPA, AGED ABOUT 47 YEARS, RESPONDENTS 1 TO 4 ARE ALL RESIDENTS OF CHUNCHAGATTA VILLAGE, KONANAKUNTE POST, KANAKAPURA ROAD, BANGALORE-560 062.
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R/O NO.1555, OUTHOUSE, 4TH CROSS, NAGAPPA BLOCK, SRIRAMPURA, BANGALORE-560 021.
RESPONDENTS NO.10 AND 11 ARE RESIDENTS OF NO.254, SECTOR II, HMT POST, BANGALORE-31.
RESPONDENTS NO.12 AND 13 ARE R/AT NO.171, APMC ROAD, 6TH MAIN, YESHWANTHPURA, BANGALORE-32.
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BANGALORE-560 078.
19 . SMT.M.HEMAVATHI W/O P.MOHAN NAIDU, AGED ABOUT 40 YEARS, R/AT NO.1578, 11 MAIN, 4TH T-BLOCK, JAYANAGAR, BANGALORE-560 011.
...RESPONDENTS
(BY SRI N.S.SHESHADRI, ADVOCATE FOR R3 TO R6; SRI C.V.ANNAIAH, ADVOCATE FOR R7; SRI V.VIJAYASHEKAR GOWDA, ADVOCATE FOR R9 TO R13, R15, R20; SRI N.SRIRAM REDDY, ADVOCATE FOR R18; NOTICE TO R1 AND R2 SERVED AND UNREPRESENTED; VIDE ORDER DATED 07.10.2016, NOTICE TO R8, R9, R14, R16, R17 AND R19 HELD SUFFICIENT)
THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 31.10.2013 PASSED IN O.S.NO.1564/2005 ON THE FILE OF THE XLIII ADDL. CITY CIVIL & SESSIONS JUDGE, CCH 44, BANGALORE, PARTLY DECREEING THE SUIT FOR PARTITION. THE APPELLANT HEREIN PRAYING TO SET ASIDE THE ABOVE MENTIONED JUDGMENT AND DECREE IN O.S.1564/2005 IN SO FAR AS DISALLOWING THE SHARE IN THE SITES ALLEGED TO HAVE BEEN PURCHASED BY DEFENDANTS 7, 10, 11 TO 13, 16 TO 18 IN ITEM NO.3 OF SUIT SCHEDULE PROPERTIES BY ALLOWING THE APPEAL AND DECREEING THE SUIT IN TOTO, IN THE INTEREST OF JUSTICE AND EQUITY.
IN R.F.A.CROB.No.17/2014
BETWEEN:
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AGED ABOUT 56 YEARS, 2 . SMT.NEELAMMA W/O KRISHNAPPA, AGED ABOUT 46 YEARS,
BOTH ARE RESIDING AT CHUNCHAGATTA VILLAGE, KONANAKUNTE POST, KANAKAPURA ROAD, BANGALORE-560 062.
...CROSS OBJECTORS
(BY SRI SHESHADRI.N.S, ADVOCATE)
AND :
1 . M.CHANDRA S/O LATE SRI MUNIKALAPPA, AGED ABOUT 40 YEARS, R/O NO.11, GANAPATHIPURA POST, BEHIND CAUVERY FORD SHOWROOM,
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KANAKAPURA ROAD, BANGALORE-560 062.
2 SMT PAPAMMA W/O LATE SRI MUNIKALAPPA, AGED ABOUT 70 YEARS, RESIDING AT CHUNCHAGATTA VILLAGE, KONANAKUNTE POST, KANAKAPURA ROAD, BANGALORE-560 062.
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R/AT NO.2, III CROSS, NEAR IMAGE ENGLISH SCHOOL, A.R.LAYOUT, J.P.NAGAR 6TH PHASE, BANGALORE-560 078.
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M.S.R. NAGAR, MATHIKERE, BANGALORE-560 054.
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W/O P.MOHAN NAIDU, AGED ABOUT 40 YEARS, R/AT NO.1578, 11 MAIN, 4TH T-BLOCK, JAYANAGAR, BANGALORE-560 011.
...RESPONDENTS
(BY SRI G.PAPIREDDY, ADVOCATE FOR R1)
THIS RFA.CROB IS FILED UNDER ORDER 41 RULE 22 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 31.10.2013 PASSED IN O.S.NO.1564/2005 ON THE FILE OF THE XLIII ADDL. CITY CIVIL & SESSIONS JUDGE, CCH 44, BENGALURU, PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS APPEAL AND RFA.CROB. COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
I.A.No.2/2021 is filed under Section 151 CPC for
recalling the order dated 12.04.2021.
ORDER
"Though the appeal is admitted in the year 2014, Paper Books are not yet filed.
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As a last chance, three weeks time is granted to file Paper books failing which, appellant is liable to pay cost of Rs.5,000/-."
are not filed within three weeks as ordered on
12.04.2021. Hence, I.A.No.2/2021 is rejected.
Consequently, appeal is dismissed for nonprosecution.
RFA Crob No.17/2014 - Cross objection is of the year 2014. Paper books are not filed. Hence, cross objection is dismissed for non-prosecution.
Sd/-
JUDGE
SBN
2 issues framed by the court
Whether an appeal filed for non-prosecution can be allowed on admitting an interlocutory application.
Whether a cross objection dismissed for non-prosecution can be reconsidered subsequently.
3 provisions across 1 enactments
SRI M CHANDRA
SMT PAPAMMA
SRI.M.SURESH
SMT.KANTHAMMA
V. SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
