Dismissed¶39

P Sanjana Pradeep v. M Prabhavathi

Karnataka HC21 Jan 2025RFA/2536/2023

Case brief

AI extract

What is this about?

RFA No. 2536 of 2023 (PAR/POS), High Court of Karnataka (Bengaluru), Jyoti Mulimani J., oral order dated 21.01.2025: regular first appeal under Order XLI Rule 1 read with Section 96 CPC 1908 dismissed for non-compliance of office objections after prior opportunities (listing before Registrar P&H; final two weeks granted on 10.01.2025); request for short accommodation rejected; no merits adjudicated. Parties: P. Sanjana Pradeep, P. Gnaneshwar, P. Nirmala Krishna Kumar (appellants, by Jayaramaiah, Advocate) v. M. Prabhavathi, The Joshankar, Meera, P. Ramanath Gupta and Kousalya (deceased; LR Rajesh Davanam).

What did the court decide?

The Court declined to grant the requested short accommodation/further time to comply with the office objections, since sufficient time had already been granted at earlier listings. ¶34

P Sanjana Pradeep Vs M Prabhavathi — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:2501 RFA No. 2536 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI

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REGULAR FIRST APPEAL NO. 2536 OF 2023 (PAR/POS)

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BETWEEN:

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P.SANJANA PRADEEP

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D/O LATE P.PRADEEP KUMAR, AGED ABOUT 36 YEARS,

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NO.120, 1^ST FLOOR, 5^TH MAIN, POORNA PRAGNA LAYOUT, BSK 3^RD STAGE, BENGALURU - 560 050.

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P.GNANESHWAR

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S/O LATE P.GOWRI SHANKAR GUPTA, AGED ABOUT 79 YEARS, FLAT NO.101, AISHWARIYA ELITE, NO.369, 4^TH CROSS, 3^RD PHASE, J.P.NAGAR, BANGALORE - 560 078.

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Digitally signed by THEJASKUMAR N Location: High Court of Karnataka

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P.NIRMALA KRISHNA KUMAR W/O LATE P.KRISHNA KUMAR, AGED 72 YEARS, NO.4/2, NEW NO.11, KALAPPA BLOCK ASHREETH APARTMENTS, NEAR BASAVANAGUDI POLICE STN, GANDHI BAZAR, BASAVANAGUDI, BENGALURU - 560 004.

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…APPELLANTS

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(BY SRI. JAYARAMAIAH., ADVOCATE)

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AND:

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M.PRABHAVATHI W/O SUNDARESHWARA ARYA,

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2 - NC: 2025:KHC:2501 RFA No. 2536 of 2023

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AGED ABOUT YEARS, 3/1, BULL TEMPLE ROAD, CHAMARAJPET, BENGALURU - 560 018.

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THE JOSHANKAR, W/O A.C.SHANKAR, AGED ABOUT YEARS, 25, 1^ST FLOOR, 1^ST STAGE, KHB COLONY, BASAVESHWARANAGAR, BENGALURU - 560 079.

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MEERA W/O LATE P.PRADEEP KUMAR, AGED ABOUT 58 YEARS, 646, 4^TH CROSS, 10^TH MAIN, BSK 1^ST STAGE, II BLOCK, BENGALURU - 560 050.

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P.RAMANATH GUPTA S/O LATE P.GOWRISHANKARA GUPTA, MAJOR IN AGE, "KRISHNA SHANKAR" 257, 7^TH 'E' MAIN, 4^TH CROSS, 3^RD STAGE, BASAVESHWARANAGAR, BENGALURU - 560 079.

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KOUSALYA SINCE DECEASED HENCE BY LR'S,

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(a) SRI RAJESH DAVANAM S/O LATE KOUSALYA AND LATE D.V.RAMA MURTHY, 2412, 8^TH MAIN, D-BLOCK, 2^ND STAGE, RAJAJINAGAR, BENGALURU - 560 010.

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…RESPONDENTS

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THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER XLI RULE 1 READ WITH SECTION 96 OF THE CPC, 1908.

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NC: 2025:KHC:2501 RFA No. 2536 of 2023

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THIS REGULAR FIRST APPEAL IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER:

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ORAL ORDER

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Counsel for the appellants has appeared in person and submits that short accommodation may be granted to comply with the office objections.

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This Court is not inclined to grant time. The reason is simple. As could be seen from the daily order sheet, the appeal was listed before the Registrar (P & H) and time was granted to comply with the office objections. Thereafter, the appeal was listed before the Court on 10.01.2025, on that day, finally, two week's time was granted to comply with the office objections, failing which the appeal was ordered to be listed under the caption 'for dismissal of appeal for non-compliance of office objections' on 21.01.2025.

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The appeal is listed today under the caption 'for dismissal of appeal for non-compliance of office objections'. Despite granting sufficient time, the office objections are not complied with. It appears that the appellants are not interested in

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NC: 2025:KHC:2501 RFA No. 2536 of 2023

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prosecuting the appeal. Hence, the Regular First Appeal is

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dismissed for non-compliance of office objections.

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Sd/(JYOTI MULIMANI) JUDGE

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TKN List No.: 1 Sl No.: 76