This court dismissed a regular first appeal by the appellant for non-compliance of office objections and lack of cooperation, citing the appellant's own counsel's submission that the appellant was uninterested in prosecuting the matter.
The appeal is dismissed as the appellant failed to comply with office objections after a final last opportunity was granted.
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.
NC: 2023:KHC:19869 RFA No. 553 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2023 BEFORE
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY REGULAR FIRST APPEAL NO. 553 OF 2020 (PAR)
BETWEEN:
R RATHNA
W/O LATE RAMAIAH, AGED ABOUT 65 YRS, R/A NO.62, NEW NO.3/1, 4TH MAIN, SOCIETY COLONY, NANJAPPA LAYOUT, AUDUGODI, BANGALORE-560030
…APPELLANT
(BY SRI. KALPANA P V., ADVOCATE)
AND:
Digitally signed by VEENA KUMARI B Location: High Court of Karnataka
S/O LATE R MUNIRAJU, AGED ABOUT 32 YRS, R/A NO.62, NEW NO.3/1, 4TH MAIN, SOCIETY COLONY, NANJAPPA LAYOUT, AUDUGODI , BANGALORE-560030.
S/O LATE R MUNIRAJU, AGED ABOUT 31 YRS, R/A NO.62, NEW NO.3/1, 4TH MAIN, SOCIETY COLONY, NANJAPPA LAYOUT, AUDUGODI, BANGALORE-560030
D/O LATE R MUNIRAJU,
NC: 2023:KHC:19869 RFA No. 553 of 2020
W/O LOKESH, AGED ABOUT 27 YRS, R/A NO.62, NEW NO.3/1, 4TH MAIN, SOCIETY COLONY, NANJAPPA LAYOUT, AUDUGODI, BANGALORE-560030
4. NAGARATHANAMMA
W/O LATE R MUNIRAJU, AGED ABOUT 51 YRS, R/A NO.62, NEW NO.3/1, 4TH MAIN, SOCIETY COLONY, NANJAPPA LAYOUT, AUDUGODI, BANGALORE-560030
…RESPONDENTS THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC R/W ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 22.07.2017 PASSED IN OS.NO.6193/2014 ON THE FILE OF THE VII ADDITIONAL CITY CIVIL JUDGE, BANGALORE CITY PARTLY DECREEING THE SUIT FOR DECLARATION, PARTITION AND SEPARATE POSSESSION.
THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the appellant who is present and reiterates her submission made on 26.05.2023.
NC: 2023:KHC:19869 RFA No. 553 of 2020
2. On 26.05.2023 this Court had made the following
observation.
“Learned counsel for the appellant, who is physically present in the Court, submits that despite her communication to the appellant and writing a letter to him to give suitable instructions and furnish certified copy of the impugned judgment to enable her to comply the office objections, the appellant is not accommodating.
In the light of the above submission, though the appeal could have been dismissed for non-compliance of office objections, however, in the best interest of justice, as a final last opportunity, a week’s time is granted to comply the office objections, failing which, the Court may proceed to pass appropriate orders.
In case, if the office objections are not complied with in their entirety within the said time, registry to list the matter on 08.06.2023.”
NC: 2023:KHC:19869 RFA No. 553 of 2020
interested in prosecuting the matter and also complying the office objections.
Hence, the appeal stands dismissed for noncompliance
and for non-prosecution.
Sd/JUDGE
BVK List No.: 1 Sl No.: 45
R. Rathna
M. Mohan Kumar
M. Kiran Kumar
M. Jothi
Nagarathanamma
H.B.Prabhakar Sastry
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
