Regular first appeal against a decree dismissing a suit for declaration and possession was dismissed as abated due to the appellant's death, continued non-compliance with office objections and non-payment of costs imposed by an earlier Bench.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN REGULAR FIRST APPEAL NO. 1515 OF 2021 (DEC/POS)
BETWEEN:
SRI. C. GOVINDASWAMY S/O LATE CHOKKALINGAM, AGED ABOUT 72 YEARS, RESIDING AT NO.12, 12TH CROSS, JANAKIRAMAN LAYOUT, 'A' BLOCK, M.S. NAGAR POST, BANGALORE-560 033
…APPELLANT
(BY SMT. SWETHA ROY, ADVOCATE FOR SRI. CHIKKANAGOUDAR L.S., ADVOCATE)
AND:
Digitally signed by KAVYA R Location: High Court of Karnataka
11TH CROSS, MARUTHINAGAR NAGASHETTY HALLI, BANGALORE-560 094, (EXPARTE)
…RESPONDENTS
(BY SRI. VIJAYAKUMARA, ADVOCATE FOR C/R3 (ABSENT))
THIS RFA IS FILED UNDER SECTION 96 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 24.08.2020 PASSED IN O.S.NO.5756/2013 ON THE FILE OF THE 12TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY, DISMISSING THE SUIT FOR DECLARATION AND POSSESSION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.NATARAJAN
ORAL JUDGMENT
Office objections are not complied with inspite of granting sufficient opportunities. Even as on present date, the cost of Rs.1,000/- imposed by the earlier Bench is not paid.
2. The submission made by the counsel on the
last date of hearing counsel is not complied with and it is submitted that the appellant was dead and the case
was adjourned for taking fresh steps. Hence, two weeks time was granted and still the office objections were not complied with.
the office objections, non-payment of cost and due to the death of the appellant, also there is no need to adjourn the matter. Hence, the appeal is dismissed as
NC: 2024:KHC:51931 RFA No. 1515 of 2021
having become abated. Liberty is granted, if any application is filed the same will be considered.
Sd/(K.NATARAJAN) JUDGE
JJ List No.: 1 Sl No.: 12
1 provisions across 1 enactments
Sri. C. Govindaswamy
Sri. S. Manjunatha
Sri. S. Subbareddy
Mrs. Catherine Ratna Joseph
K.Natarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
