Dismissed¶¶28

Sri Thimmappa P v. Sri C T Renu Kumar

Karnataka HC12 Aug 2025RFA/960/2022

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; RFA No.960 of 2022; dismissal for non-prosecution; non-compliance of office objections (seventh listing); absence of appellant's counsel Sri N. Suresha; appeal under Section 96 CPC, 1908 against partial decree dated 19.04.2022 in O.S.No.4184/2019 (suit for declaration and partition) by XX Additional Civil and Sessions Judge, Bengaluru; Justice K.S. Hemalekha; decision dated 12.08.2025; no costs or quantum awarded; no precedent discussed.

What did the court decide?

Despite several opportunities, the appellant neither complied with office objections nor was counsel present when the matter was listed for the seventh time for such non-compliance on 12.08.2025. ¶¶26

Sri Thimmappa P Vs Sri C T Renu Kumar — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:31194 RFA No. 960 of 2022

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF AUGUST, 2025 BEFORE

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THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO.960 OF 2022 (DEC/PAR)

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BETWEEN:

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SRI THIMMAPPA .P S/O LATE VENKATEGOWDA, AGED ABOUT 72 YEARS, R/AT NO.42B, 14^TH CROSS, BSK III^RD STAGE, ITTAMODU, BENGALURU-560085.

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…APPELLANT

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(BY SRI N. SURESHA, ADVOCATE (ABSENT))

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AND:

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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SRI C.T. RENU KUMAR S/O P. THIMMAPPA, AGED ABOUT 48 YEARS, R/AT NO.22, GOTTIGERE EXTENSION, RAJARAJESHWARINAGAR, BENGALURU-560098.

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SRI C.T. RAVI KUMAR S/O LATE SRI P. THIMMAPPA, AGED ABOUT 46 YEARS,

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SMT. C.T. SHOBHA D/O SRI P. THIMMAPPA, W/O SRI SATISH H.N. AGED ABOUT 40 YEARS,

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RESPONDENT NOS.2 AND 3 ARE RESIDING AT OLD NO.34, NEW NO.42B, OLD ITTAMADU VILLAGE, UTTARAHALLI HOBLI, 13^TH CROSS, ITTAMADU, BENGALURU-560 085.

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…RESPONDENTS

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NC: 2025:KHC:31194 RFA No. 960 of 2022

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HC-KAR

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THIS RFA IS FILED UNDER SECTION 96 OF CPC, 1908, AGAINST THE JUDGMENT AND DECREE DATED 19.04.2022 PASSED IN O.S.NO.4184/2019 ON THE FILE OF THE XX ADDITIONAL CIVIL AND SESSIONS JUDGE, BENGALURU, PARTLY DECREEING THE SUIT FOR DECLARATION AND PARTITION.

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THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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ORAL JUDGMENT

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There is no representation on behalf of the appellant.

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From the order sheet it is evident that on several occasions, the appellant was granted time to comply with the office objections. Today i.e., 12.08.2025, the matter is listed for non-compliance of office objections for the 7^th time. Neither have office objections been complied with nor is the appellant’s counsel present.

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The matter is of the year 2022.

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It, therefore, appears that the appellant is not interested in prosecuting the appeal. Accordingly, the appeal is dismissed for non prosecution.

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Sd/-

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______________________ JUSTICE K.S. HEMALEKHA

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AT List No.: 1 Sl No.: 34

Sri Thimmappa P v. Sri C T Renu Kumar

Case brief

What is this about?

What did the court decide?

Sri Thimmappa P v. Sri C T Renu Kumar

Case brief

What is this about?

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