Dismissed

M Ganesh v. Vijayalakshmi

Karnataka HC3 Sept 2026RFA/454/2021

Case brief

AI extract

What is this about?

RFA No. 454 of 2021 (PAR), High Court of Karnataka (HC-KAR), decided 22.06.2026 by Justice Hanchate Sanjeevkumar (oral judgment). Appeal under Section 96 CPC against judgment/decree dated 20.04.2021 in O.S.No.5076/1999 (34th Addl. City Civil & Sessions Judge, Bengaluru). Appellant M Ganesh appeared in person and was continuously absent for one month despite sufficient opportunities; appeal DISMISS

What the court decided

AI extract

M Ganesh Vs Vijayalakshmi — Karnataka HC (2026) — LawSathi Research

¶1

¶2

NC: 2026:KHC:30835 RFA No. 454 of 2021

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF JUNE, 2026 BEFORE

¶5

THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

¶6

REGULAR FIRST APPEAL NO. 454 OF 2021 (PAR)

¶7

BETWEEN:

¶8

M GANESH S/O. LATE D M MUNIYAPPA, AGED 68 YEARS, R/AT NO.809, 5^TH MAIN, 6^TH CROSS, M.C.LAYOUT, VIJAYANAGAR, BANGALORE – 560 040.

¶9

…APPELLANT

¶10

(BY SRI. GANESH, APPELLANT/PARTY-IN-PERSON)(ABSENT)

¶11

AND:

¶12

Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA

¶13

VIJAYALAKSHMI W/O DR. B.L.JAYARAM, AGED 72 YEARS, R/AT NO.809, VI CROSS, V MAIN, MAGADI ROAD, VIJAYANAGAR, BANGALORE – 560 040.

¶14

M RAMASWAMY

¶15

SINCE DECEASED BY LRS.,

¶16

SMT NIRMALA, W/O LATE DR M RAMASWAMY, AGED 71 YEARS,

¶17

2 - NC: 2026:KHC:30835 RFA No. 454 of 2021

¶18

HC-KAR

¶19

DR RAHUL S/O LATE DR M R RAMASWAMY, AGED ABOUT 42 YEARS,

¶20

ASHWIN S/O LATE DR M RAMASWAMY, AGED 39 YEARS,

¶21

RESPONDENTS NO 2 TO 4 RESIDING AT NO.143, UAS LAYOUT, RMV IIND STAGE, SANJAYANAGAR, BANGALORE – 560 094.

¶22

SMT SHARADAMMA BY LRS

¶23

B V SRINIVAS, S/O LATE B VENKATARAMAIAH, AGED ABOUT 70 YEARS, R/AT NO.1230, 15^TH MAIN, B T M LAYOUT, IIND STAGE, BANGALORE – 560 076.

¶24

B V SHIVASHANKAR S/O LATE B.VENKATARAMAIAH, AGED 68 YEARS, R/AT NO.1926/A, IIIRD CROSS, PRASHANTHANAGAR, VIJAYANAGAR NORTH, BANGALORE – 560 079.

¶25

B V HEMALATHA W/O LATE MUNISWAMY GOWDA, AGED 64 YEARS, R/AT NO.53, 10 CROSS, MARIYAPPANAPALYA, MASIDI BLOCK, BANGALORE – 560 021.

¶26

3 - NC: 2026:KHC:30835 RFA No. 454 of 2021

¶27

HC-KAR

¶28

B V NARAYANA S/O LATE V VENKATARAMAIAH, AGED 66 YEARS, R/AT KRS AGRAHARA KUNIGAL TOWN, AND ALSO AT C/O VENKATESWARA CLINIC, KUNIGAL, TUMKUR DISTRICT.

¶29

B V MAHALAKSHMI W/O JAYARAM, AGED 60 YEARS, R/AT NO.376, 4^TH “B” CROSS, 3^RD STAGE, 5^TH BLOCK, BANASHANKARI, BANGALORE – 560 085.

¶30

B V GAYATHRI W/O M GANESH, AGED 58 YEARS, R/AT NO.809 (OUT HOUSE) 5^TH MAIN, VI CROSS, MAGADI ROAD, VIJAYANAGAR, BANGALORE – 560 040.

¶31

SINCE DECEASED BY LRS

¶32

10(a) SATHISH KEMPAIAH S/O KEMPAIAH AGED 48 YEARS (SON-IN-LAW OF LATE B.V.GAYATHRI)

¶33

10(b) ANUDEEP GOWDA S/O SATHISH KEMPAIAH AGED 6 YEARS REPRESENTED BY HIS MINOR GUARDIAN RESPONDENT NO.10(b) (GRAND SON OF LATE B.V.GAYATHRI)

¶34

4 - NC: 2026:KHC:30835 RFA No. 454 of 2021

¶35

HC-KAR

¶36

RESPONDENT NO 10(a) & (b) RESIDING AT NO S-500, 9^TH CROSS, 9^TH MAIN BHARATHNAGAR-2^ND STAGE BANGALORE – 560 091.

¶37

B V UMESH S/O LATE B VENKATARAMAIAH, AGED 60 YEARS, R/AT NO.101, 3^RD CROSS, KAVERI LAYOUT, BANGALORE – 560 040.

¶38

SMT ALUMELAMMA W/O LATE H. HEMANNA, AGED 86 YEARS, R/AT NO. 3091, 1^ST CROSS, GAYATHRINAGAR, BANGALORE – 560 021.

¶39

SINCE DECEASED BY LRS

¶40

12(a) SMT. SARASWATHI W/O LATE B.H.MURALIDHARA AGED 56 YEARS

¶41

12(b) HEMANTHA KUMAR M S/O LATE B.H.MURALIDHARA AGED 32 YEARS

¶42

12(c) BHARATH KUMAR M S/O LATE B.H.MURALIDHARA AGED 28 YEARS

¶43

12(d) SMT. B.H.KUMUDA W/O SHIVARUDRAIAH AGED 66 YEARS

¶44

12(e) SMT. B.H.SOWBHAGYALAKSHMI W/O MOHAMMED ARIEF

¶45

5 - NC: 2026:KHC:30835 RFA No. 454 of 2021

¶46

HC-KAR

¶47

AGED 63 YEARS

¶48

12(f) B.H.RAJU S/O LATE H.HEMANNA AGED 58 YEARS

¶49

RESPONDENTS NO 12(a) TO (f) RESIDING AT NO.3091, 10^TH CROSS, 1^ST MAIN, “C” BLOCK GAYATHRINAGAR, BANGALORE – 560 021.

¶50

SMT CHAMPAKA SINCE DECEASED BY LRS

¶51

M C MAHADEVA, S/O LATE CHIKKAHANUMAIAH, AGED 57 YEARS, R/AT NO.1801, 3^RD CROSS, PRAKASH NAGAR, BANGALORE.

¶52

SMT M C SOWMYAPRABHA W/O SURESH AGED ABOUT 54 YEARS, R/AT NO.216-B, 3^RD MAIN ROAD, MAHALAKSHMI LAYOUT, BANGALORE – 560 086.

¶53

M VENKATA SWAMY S/O LATE D.M.MUNIYAPPA, AGED 82 YEARS, R/AT NO.250,. 14^TH CROSS, II ND BLOCK, R.T.NAGAR, BANGALORE – 560 032.

¶54

M KRISHNA SWAMY S/O LATE D.M.MUNIYAPPA, AGED ABOUT 70 YEARS, R/AT NO.907,

¶55

6 - NC: 2026:KHC:30835 RFA No. 454 of 2021

¶56

HC-KAR

¶57

6^TH MAIN ROAD, VIJAYANAGAR, BANGALORE – 560 040.

¶58

M PADMAVATHI W/O DR. K.H.CHIKKAYALAKKAIAH, MAJOR, R/AT NO.3091 1^ST CROSS, PRAKASHNAGAR, BANGALORE.

¶59

…RESPONDENTS

¶60

(BY SRI. B RAVINDRA PRASAD, ADVOCATE FOR R1 TO R4; K M MURARI MOUNI, ADVOCATE FOR R7, R13 & R17; K M VENKATESHAMOUNI & M ARUN KUMAR, ADVOCATE FOR R12(A,B,C,E,F);

¶61

R5, R6, R8, R9, R11, R12(D), R15, R16 ARE SERVED AND UNREPRESENTED;

¶62

V/O/D 11/10/22 NOTICE TO R14 IS HELD SUFFICIENT; V/O/D 09/01/25 NOTICE TO R10(A&B) IS

¶63

HELD SUFFICIENT)

¶64

THIS RFA IS FILED UNDER SECTION 96 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 20.04.2021 PASSED IN O.S.NO.5076/1999 ON THE FILE OF THE 34^TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU AND ETC.,

¶65

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

¶66

¶67

NC: 2026:KHC:30835 RFA No. 454 of 2021

¶68

HC-KAR

¶69

CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

¶70

ORAL JUDGMENT

¶71

In spite of giving sufficient opportunities, the partyin-person/appellant is continuously absent for the last one month. Therefore, the appeal is dismissed for non-

¶72

prosecution.

¶73

Sd/(HANCHATE SANJEEVKUMAR) JUDGE

¶74

¶75

List No.: 1 Sl No.: 56

M Ganesh v. Vijayalakshmi

Case brief

What is this about?

What the court decided

M Ganesh v. Vijayalakshmi

Case brief

What is this about?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases