Karnataka High Court
Vinod Kumar vs B Ramaiah on 2 September, 2022
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE Mr. JUSTICE PRADEEP SINGH YERUR
R.F.A. No.706/2018(PAR)
BETWEEN :
1. VINOD KUMAR
AGED ABOUT 32 YEARS,
S/O. L. RAJU
2. MANJUNATH
AGED ABOUT 25 YEARS,
S/O. RAMAKRISHNA
BOTH ARE RESIDENTS OF
# 123, NEW #32, III CROSS, 13TH MAIN,
MUNEHSWARA TEMPLE STREET, KODIHALLI,
BENGALOORU-560 008.
...APPELLANTS
(BY SMT. JYOTHI, ADVOCATE, FOR
SRI VINAYA KEERTHY M, ADVOCATE)
AND:
1 . B RAMAIAH
AGED ABOUT 90 YEARS,
2
S/O. LATE BODAPPA @ BODANNA,
2 . SHARADAMMA
AGED ABOUT 53 YEARS,
S/O. LATE SRINIVASAIAH,
3 . VENKATESH
AGED ABOUT 32 YEARS,
S/O. LATE KALAPPA @ R. PULLAPPA,
4 . R. GOVINDA @ R. GOVINDARAJ
AGED ABOUT 56 YEARS,
S/O. B. RAMAIAH.
5 . R. VARADARAJU @ R. VARADARAJAN
AGED ABOUT 52 YEARS,
S/O. B. RAMAIAH,
6 . R. GOPAL
AGED ABOUT 50 YEARS,
S/O. B. RAMAIAH.
7 . R. KRISHNA
AGED ABOUT 45 YEARS,
S/O. B. RAMAIAH.
8 . K. PAPANNA
AGED ABOUT 81 YEARS,
S/O. LATE KULLAPPA.
9 . SRIDHAR
AGED ABOUT 40 YEARS,
S/O. LATE KRISHNAPPA.
3
10 . BABU PRASAD
AGED ABOUT 38 YEARS,
S/O. LATE K. KRISHNAPPA.
11 . NIRMALA
AGED ABOUT 35 YEARS,
D/O. LATE K. KRISHNAPPA
12 . K. PULLAPPA
AGED ABOUT 64 YEARS,
S/O. LATE KULLAPPA,
13 . RAMESH
AGED ABOUT 42 YEARS,
S/O. LATE JAYARAMA @ M. JAYARAM
14 . KUMAR
AGED ABOUT 38 YEARS,
S/O. LATE JAYARAMA @ M. JAYARAM
15 . RAMU @ M. RAMU
AGED ABOUT 75 YEARS,
S/O. LATE MARAPPA.
16 . YADUKUMAR
AGED ABOUT 35 YEARS,
S/O. LATE M. MATTAPPA
17 . GEETHA
AGED ABOUT 33 YEARS,
D/O. LATE M. MATTAPPA
18 . TULASI
AGED ABOUT 40 YEARS,
D/O. LATE M. MATTAPPA
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SL. NOS. 1-18 ARE
RESIDENTS OF KODIHALLI VILLAGE,
VARTHUR HOBLI,
BENGALOORU EAST TALUK,
BENGALOORU DISTRICT.
19 . L. RAJU @ L. RAJAPPA
AGED ABOUT 70 YEARS,
S/O LATE LAKSHMAIAH
20 . RAMAKRISHNA @ L. RAMAKRISHNA
AGED ABOUT 60 YEARS,
S/O LATE LAKSHMAIAH
SL. NOS.19 & 20 ARE
RESIDING AT #123, MUNESHWARA
TEMPLE STREET,
KODIHALLI, BENGALURU-560 008.
21 . SOMESHEKAR @ A. SOMASHEKAR
AGED ABOUT 50 YEARS
S/O. APPAJI REDDY
# 206, II MAIN, KASTURINAGAR,
EAST OF NGEF LAYOUT,
BENGALOORU-560 016.
22 . G. SUDHAKAR RAO
AGED ABOUT 55 YEARS,
S/O. LATE G. BALAIAH,
# 43/L1, SRINIKETAN, V CROSS,
I BLOCK, JAYANAGAR,
BENGALOORU-560 011.
...RESPONDENTS
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THIS RFA FILED UNDER SEC.96 OF CPC., 1908
AGAINST THE JUDGMENT AND DECREE DATED
16.01.2018 PASSED IN OS.NO.4616/2013 ON THE FILE OF
THE XX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BANGALORE CITY, DISMISSING THE SUIT FOR PARTITION
AND SEPARATE POSSESSION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING;
JUDGMENT
Learned counsel Smt. Jyothi appearing on behalf of the appellants seeks time.
2. By order dated 30.01.2020 this Court granted three weeks time to comply with the office objections failing which the appeal shall stand dismissed. Despite granting sufficient time thereafter, the rectification raised by the Registry has not been complied. Even today leaned counsel seeks time. I find no cogent reason to grant further time. In view of the carelessness of not rectifying the objections raised by the Registry and also 6 there being peremptory order granted by this Court on 30.01.2020, even after a period two years we are still at the same stage. No cogent reason warrants for further extension of time. Though some of the office objections are complied, not all the objections are rectified. Hence, the appeal is dismissed for non-prosecution.
Sd/-
JUDGE LRS.