Karnataka High Court
C. R. Vijaya vs A. C. Mahendra on 23 May, 2023
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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RSA No. 1241 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF MAY, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO.1241 OF 2019 (PAR)
BETWEEN:
1. C.R.VIJAYA
W/O B.A.SIDDAPPA
AGED ABOUT 63 YEARS.
2. SHILPA
D/O B.A.SIDDAPPA,
W/O D.DEVARAJU,
AGED ABOUT 41 YEARS.
3. D. DEVARAJU
S/O M. DEVEGOWDA,
AGED ABOUT 46 YEARS,
APPELLANT NO.1 TO 3 ARE
RESIDING AT "SRIDEVI"
2ND CROSS, 1ST MAIN
Digitally signed by CHAMUNDESHWARINAGAR
THEJASKUMAR N MANDYA CITY.
Location: HIGH
COURT OF
KARNATAKA 4. DR. KAVYA S.
D/O B.A. SIDDAPPA,
W/O N.SANJAYA
AGED ABOUT 33 YEARS,
R/AT CONFIDENTIAL DENTAL CLINIC,
SANKASHTAHARA GANAPATHI TEMPLE,
D.NO.2095, SHOP NO.10,
9TH CROSS, 5TH MAIN,
R.P.C. LAYOUT, VIJAYANAGAR,
2ND STAGE, BENGALURU - 560 040.
...APPELLANTS
(BY SRI.CHANDRASHEKAR H.B., ADVOCATE [ABSENT])
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RSA No. 1241 of 2019
AND:
1. A.C.MAHENDRA
S/O LATE CHANNEGOWDA,
AGED ABOUT 69 YEARS,
RESIDING AT AMBARAHALLI
VILLAGE C A KERE HOBLI,
MADDUR TALUK.
NAVEEN NISHCHAL
SINCE DEAD BY LR'S
2. KOMALA
W/O LATE NAVEEN NISCHAL
AGED ABOUT 37 YEARS,
3. APPORVA NAVEEN GOWDA
AGED ABOUT 11 YEARS,
4. VEDANTH NISHCHAL
AGED ABOUT 8 YEARS,
REPRESENTED BY THEIR
NATURAL GUARDIAN,
MOTHER I.E. KOMALA,
RESPONDENT No.2 TO 4 ARE R/AT
KEMPAMMA NILAYA, BEHIND LIC,
MADDUR.
5. SUBHASH NISHCHAL
S/O A C MAHENDRA
AGED ABOUT 41 YEARS,
WORKING AS TECH, ED.
AT TALISHMA CORPORATION,
TALISMA NO.214/6,
RAMANA MAHARSHI ROAD,
SADASHIVANAGAR, BENGALURU.
6. RAHUL NISHCHAL MAHENDRA
S/O A C MAHENDRA,
AGED ABOUT 40 YEARS,
WORKING AT DEWHIVE,
ENTERPRISES PRIVATE LTD.,
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RSA No. 1241 of 2019
PLOT NO.331, BCMC LAYOUT,
RAGHUVANAHALLI, UTTARAHALLI ROAD,
BENGALURU.
7. LAKSHMAMMA
D/O ANAKAIAH
W/O SHANKAR (RTD GOVT EMPLOYEE),
AGED ABOUT 66 YEARS,
R/AT SOMANAHALLI VILLAGE,
MADDUR TALUK.
8. RATHNAMMA
W/O B C SURESHA,
(D/O GADDE CHIKKASIDDAIAH),
AGED ABOUT 51 YEARS,
9. MAYURA
S/O GOVINDA,
AGED ABOUT 41 YEARS,
10. B S CHANNU
S/O CHANNEGOWDARA SIDDAPPA,
AGED ABOUT 51 YEARS,
11. RAMALINGU
S/O LATE MANGAIAH,
AGED ABOUT 55 YEARS,
12. KRISHNAPPA
S/O LATE MANGAIAH
AGED ABOUT 51 YEARS,
RESPONDENTS 6 TO 10 ARE
RESIDING AT HALEBUDANUR,
VILLAGE KASABA HOBLI,
MANDYA TALUK.
...RESPONDENTS
THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF CPC, SEEKING CERTAIN RELIEFS.
THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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RSA No. 1241 of 2019
ORDER
When the matter is called, there is no representation on behalf of appellants.
The captioned appeal is listed for non-compliance of office-objections fourth time.
As could be seen from the appeal papers, the appeal is filed in the year 2019. Now we are in the month of May 2023. It's been four years. So far office objections are not complied with.
It appears that the appellants have not instructed the counsel on record to comply with the office-objections and appellants are not diligent in prosecuting the appeal.
As already noted above, when the matter is called, there is no representation for the appellants. Hence, the Regular Second Appeal is dismissed for non-prosecution and also for non-compliance of office objections.
Sd/-
JUDGE NR List No.: 1 Sl No.: 14