Regular first appeal against dismissal of a suit for declaration and permanent injunction was listed for further hearing on multiple dates; the appellant's counsel did not appear despite a last chance, and the appeal was 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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE REGULAR FIRST APPEAL NO. 1613 OF 2013 (DEC/INJ)
BETWEEN:
SMT A DEEPA CHOWDARY, D/O S CHANDRASHEKAR, AGED ABOUT 39 YEARS, R/A NO.37/1, 12TH A CROSS VYALIKAVAL, MALLESWARAM, BANGALORE-560003, REPRESENTED BY HER PA HOLDER C CHANDRASHEKAR
…APPELLANT
(BY SRI RAVI L VAIDYA, ADVOCATE - ABSENT)
AND:
Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:16039 RFA No. 1613 of 2013
S/O LATE C KRISHNA SASTRY AGED ABOUT 58 YEARS
RESPONDENTS NO.9(a) TO 9(e) ARE RESIDING AT SANGANAHALLI, KYASAMBAHALLI POST, BANGARPET TALUK, KOLAR DISTRICT
AGED ABOUT 97 YEARS R/A NO.4, 8TH MAIN SBM COLONY, BRUNDAVANANAGARA MATHIKERE, BANGALORE-560054
b. SMT DIVYA, D/O K SEETHARAM, MAJOR
(RESPONDENTS NO.15,16,17(a) (b) (c), 18 AND 19 ARE R/A NO.4, 8TH MAIN, SBM COLONY, BRUNDAVANANAGARA
MATHIKERE, BANGALORE-560054
…RESPONDENTS
(BY SRI. G R ANANTHARAM.,ADV. R6 TO 8 & R11 TO 13; SRI. S RAMESH.,ADVOCATE FOR R9(B) TO (E)) R9(A), R14, R17(a) to e, R18 AND R19 ARE SERVED R1 DECEASED, R17 to 19 ARE LRS OF R1,
R15 DECEASED, R-17-19 ARE LRS OF R15,
R16 DECEASED AND NO LRS V/O/DT: 19.03.2019,
R5 IS DECEASED AND R2 TO R4 AND R6, R7 ARE LRS OF R5, VIDE ORDER DATED 16.11.2021 APPEAL AGAINST R4 IS DISMISSED AS ABATED, V/O/DT: 16.01.2023 APPEAL AGAINST R3, R4, R5 AND R10 STANDS ABATED,
V/O/DT: 20.06.2023 APPEAL AGAINST R2 IS DISMISSED AS ABATED)
THIS RFA IS FILED U/SEC.96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 25.09.2013 PASSED IN O.S.16321/2005 ON THE FILE OF THE XIII-ADDITIONAL CITY CIVIL JUDGE, MAYOHALL, BENGALURU, DISMISSING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION.
THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
On 05.04.2024, this Court passed an order directing the appellant to produce the paper books which have been filed in RFA.No.100/1980 and also Ex.D.6 in O.S.No.174/1970 (old number) and O.S.No.329/1972 (new number) on the file of the Civil Judge, Bangalore, which according to the learned counsel
for the appellant are relevant for adjudication of this appeal. The case was thereafter adjourned and the case was called on
15.04.2024. There was no appearance for the appellant. Thereafter, the case is called on 22.04.2024, none appeared for the appellant. The case was listed today as a last chance. Even today, there is no appearance for the appellant. Accordingly,
the appeal is dismissed for non-prosecution .
Sd/JUDGE
PHM
List No.: 1 Sl No.: 5
1 provisions across 1 enactments
Smt A Deepa Chowdary (rep. by PA holder C Chandrashekar)
Smt Jayalakshamma (since deceased, rep. by LRs R-17 to R-19)
Sri C K Nagaraj
Sri C K Nagesh Babu
Sri S Suryanarayana
Anant Ramanath Hegde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
