Dismissed

Sri. K N Padmanabhaiah v. Kumari. Yeshashwini

Karnataka HC25 May 2023RFA/1957/2019

Case brief

AI extract

What is this about?

The Karnataka High Court heard a Regular First Appeal via video conference where the appellant's counsel was absent. Despite a prior warning granting two days for compliance with office objections, the appellant failed to appear or comply. The court dismissed the appeal for non-prosecution and non-compliance.

What did the court decide?

The appeal was dismissed for non-compliance of office objections and non-prosecution.

Sri. K N Padmanabhaiah Vs Kumari. Yeshashwini — Civil Procedure and Limitation | Karnataka HC (2023)

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RFA No. 1957 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^TH DAY OF MAY, 2023

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BEFORE

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THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY REGULAR FIRST APPEAL NO. 1957 OF 2019 (MON)

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BETWEEN:

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SRI. K N PADMANABHAIAH S/O LATE N NARAYANAPPA AGED ABOUT 70 YEARS R/AT NO.9, 2^ND BLOCK, 80 FEER RING ROAD, NAGARABHAVI LAYOUT, BANGALORE 560 072.

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…APPELLANT

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(BY SRI.G.A.SRINIVASA, ADVOCATE AND SRI N P KALLESH GOWDA.,ADVOCATE)

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AND:

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KUMARI. YESHASHWINI D/O LATE H G SHIVARAMAIAH AGED ABOUT 29 YEARS

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Digitally signed by BHARATHIDEVI K KORLAHALLI Location: High Court of Karnataka

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KUMARI THEJESHWINI D/O LATE H G SHIVARAMAIAH AGED ABOUT 25 YEARS

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BOTH RESIDING AT NO.51/26, 2^ND CROSS, 6^TH MAIN, 7^TH BLOCK, NAGARBHAVI, IIND STAGE, BANGALORE 560 072.

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ALSO AT: C/O KRISHNA NILAYA, GANGADHARA BAVANA,

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RFA No. 1957 of 2019

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BEHIND MAHENDRA TRACTOR SHOW ROOM, VIVEKANANDA SCHOOL ROAD, B M ROAD, KUNIGAL, TUMKUR DISTRICT, KARNATAKA 572130.

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…RESPONDENTS

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This Regular First Appeal is filed under Section 96 of Civil Procedure Code, praying to call for records in OS.No.7531/2014 on the file of the XLI Addl.City Civil & Sessions Judge (CCH-42), Bengaluru, allow this Regular First Appeal, set aside the judgment and decree dated 25.01.2019 passed in OS.No.7531/2014 on the file of the XLI Addl.City Civil & Sessions Judge (CCH-42), Bengaluru, filed by the appellant herein and decree the said suit with costs and grant such other relief/s as this Hon’ble Court may deem fit to grant under the facts and circumstances of this case.

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This Regular First Appeal coming on for Orders through Physical Hearing/Video Conferencing, this day, the Court made the following:

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ORDER

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Learned counsel for the appellant is neither present

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physically nor through Video Conference. No reasons are forthcoming for his non-appearance.

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On 22.05.2023, this Court had made the following observation :

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“ None appear in this matter either physically or through video conference.

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As a final last opportunity two days time is granted to comply with all office objections, failing which the Court

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RFA No. 1957 of 2019

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may proceed to pass appropriate order including dismissal of the appeal for non-compliance of office objections.

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In case office objections are not complied in-toto, list the matter on 25.05.2023.”

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In spite of the above observation, the learned counsel for

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the appellant has neither complied the office objections nor appeared and shown the reasons for non-compliance of office objections. The appeal is of the year 2019, hence, four years old appeal, still the matter is due for compliance of office objections. In the above circumstances, I do not find any reason to grant further time in this appeal of the year 2019.

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Hence, the Appeal stands dismissed non-compliance of office objections, as well as

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non-prosecution.

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Sd/JUDGE

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bk/ : List No.: 1 Sl No.: 71

Sri. K N Padmanabhaiah v. Kumari. Yeshashwini

Case brief

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Sri. K N Padmanabhaiah v. Kumari. Yeshashwini

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