Karnataka High Court
Smt Muniyellamma W/O Parasuramappa vs Venkatesh on 28 November, 2012
Author: Jawad Rahim
Bench: Jawad Rahim
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 28TH DAY OF NOVEMBER, 2012
BEFORE
THE HON'BLE MR.JUSTICE JAWAD RAHIM
REGULAR FIRST APPEAL.1974/2011
BETWEEN
1. SMT MUNIYELLAMMA
W/O PARASURAMAPPA
AGED ABOUT 68 YEARS
2. SRI KRISHNAPPA
S/O LATE PARASURAMAPPA
AGED ABOUT 50 YEARS
BOTH ARE R/A. JAKKASANDRA
VILLAGE, BEGUR HOBLI
BANGALORE SOUTH TALUK-560 034
BY GENERAL POWER OF ATTORNEY HOLDER:
K. RAMESH
S/O.P. KRISHNAPPA
AGED ABOUT 25 YEARS
R/A.NO.21, III MAIN
1ST CROSS, NEAR YELLAMMA TEMPLE
KORAMANGALA I BLOCK
JAKKASANDRA
BANGALORE-560 034
3. JAYAMMA
AGED ABOUT 45 YEARS
W/O KODANDA
R/A. NO.50/5, BAZAR STREET
2
1ST CROSS, HONARPET
VIVEK NAGAR, BANGALORE ...APPELLANTS
(BY SRI. T K RAJAGOPALA, ADV.)
AND
1. VENKATESH
AGED ABOUT 55 YEARS
S/O LATE ANNAYAPPA, R/A. NO.22
III MAIN, 1ST CROSS, NEAR YELLAMMA
TEMPLE, KORAMANGALA I BLOCK
JAKKASANDRA, BANGALORE
2. SMT. LAKSHMAMMA
AGED ABOUT 55 YEARS
D/O LATE ABBAIYAPPA
R/A NO. 24, 1ST CROSS, 1ST MAIN
JANTHA COLONY, NEAR ANGANAVADI
JAKKASANDRA, BANGALORE
3. SRI KRISHNA
AGED ABOUT 53 YEARS
S/O LATE ABBAIAYAPPA
R/A NO. 24, 1ST CROSS, 1ST MAIN
JANTHA COLONY, NEAR ANGANAVADI
JAKKASANDRA, BANGALORE
4. MUNNA S
AGED ABOUT 50 YEARS
S/O LATE ABBAIAYAPPA
R/A NO. 24, 1ST CROSS, 1ST MAIN
JANTHA COLONY, NEAR ANGANAVADI
JAKKASANDRA, BANGALORE
5. LAKSHMAMMA
AGED ABOUT 45 YEARS
W/O LATE JAYARAM
R/A NO. 24, 1ST CROSS, 1ST MAIN
JANTHA COLONY, NEAR ANGANAVADI
JAKKASANDRA, BANGALORE
3
6. SMT.NETHRA
AGED ABOUT 40 YEARS
D/O LATE JAYARAM
R/A NO. 24, 1ST CROSS, 1ST MAIN
JANTHA COLONY, NEAR ANGANAVADI
JAKKASANDRA, BANGALORE
7. RAMESH
AGED ABOUT 18 YEARS
S/O LATE JAYARAM
R/A NO. 24, 1ST CROSS, 1ST MAIN
JANTHA COLONY, NEAR ANGANAVADI
JAKKASANDRA, BANGALORE
8. NALINI
AGED ABOUT 33 YEARS
D/O RANGAPPA,
R/A: NO.22, III MAIN, 1ST CROSS
NEAR YELLAMMA TEMPLE, KORAMANGALA
1 BLOCK, JAKKASANDRA, BANGALORE
9. SRI SRINIVAS
AGED ABOUT 55 YEARS
S/O VENKATASWAMY
R/A NO.10, 1ST CROSS, 2ND MAIN
NEXT TO KUMAR DENTAL CLINIC
ASHWATH NAGAR, MARATHAHALLI
BANGALORE
10.SMT NAGAMMA
AGED ABOUT 50 YEARS
D/O VENKATASWAMY
R/A NO.10, 1ST CROSS, 2ND MAIN
NEXT TO KUMAR DENTAL CLINIC
ASHWATH NAGAR, MARATHAHALLI
BANGALORE
11.VIJAYAKUMAR
AGED ABOUT 50 YEARS
S/O VENKATASWAMY
R/A: NO. 10, 1ST CROSS, 2ND MAIN
4
NEXT TO KUMAR DENTAL CLINIC ASHWATH
NAGAR, MARATHAHALLI
BANGALORE
12.BABU
AGED ABOUT 48 YEARS
S/O VENKATASWAMY
R/A: NO. 10, 1ST CROSS, 2ND MAIN
NEXT TO KUMAR DENTAL CLINIC ASHWATH
NAGAR, MARATHAHALLI
BANGALORE
13.UMA
AGED ABOUT 46 YEARS
D/O VENKATASWAMY
R/A: NO. 10, 1ST CROSS, 2ND MAIN
NEXT TO KUMAR DENTAL CLINIC ASHWATH
NAGAR, MARATHAHALLI
BANGALORE
14.MANJU
AGED ABOUT 43 YEARS
S/O VENKATASWAMY
R/A: NO. 10, 1ST CROSS, 2ND MAIN
NEXT TO KUMAR DENTAL CLINIC ASHWATH
NAGAR, MARATHAHALLI
BANGALORE
15.VASU
AGED ABOUT 40 YEARS
S/O VENKATASWAMY
R/A: NO. 10, 1ST CROSS, 2ND MAIN
NEXT TO KUMAR DENTAL CLINIC ASHWATH
NAGAR, MARATHAHALLI
BANGALORE
16.SMT. SHANTHAMMA
AGED ABOUT 79 YEARS
D/O ABBAIAH
R/A NO: NO.50/5 BAZAR STREET
5
1ST CROSS, HONARPET, VIVEK
NAGAR, BANGALORE
17.MANJAMMA
AGED ABOUT 55 YEARS
W/O LATE PAPARAJU
R/A NO: NO.50/5 BAZAR STREET
1ST CROSS, HONARPET, VIVEK
NAGAR, BANGALORE
18.KIRAN
AGED ABOUT 32 YEARS
S/O LATE PAPARAJU
R/A NO: NO.50/5 BAZAR STREET
1ST CROSS, HONARPET, VIVEK
NAGAR, BANGALORE
19.APPU
AGED ABOUT 32 YEARS
S/O LATE PAPARAJU
R/A NO: NO.50/5 BAZAR STREET
1ST CROSS, HONARPET, VIVEK
NAGAR, BANGALORE
20.SRI RAJA
AGED ABOUT 70 YEARS
S/O LATE ABBAIAH
R/A NO: NO.50/5 BAZAR STREET
1ST CROSS, HONARPET, VIVEK
NAGAR, BANGALORE
21.GOWRAMMA
AGED ABOUT 68 YEARS
D/O LATE ABBAIAH
R/A NO: NO.50/5 BAZAR STREET
1ST CROSS, HONARPET, VIVEK
NAGAR, BANGALORE
22.KODANDA
AGED ABOUT 63 YEARS
S/O LATE ABBAIAH
6
R/A NO: NO.50/5 BAZAR STREET
1ST CROSS, HONARPET, VIVEK
NAGAR, BANGALORE
23.GOVINDA
AGED ABOUT 63 YEARS
S/O LATE ABBAIAH
R/A NO: NO.50/5 BAZAR STREET
1ST CROSS, HONARPET, VIVEK
NAGAR, BANGALORE
24.RATHNAMMA
AGED ABOUT 60 YEARS
D/O LATE ABBAIAH
R/A NO: NO.50/5 BAZAR STREET
1ST CROSS, HONARPET, VIVEK
NAGAR, BANGALORE
25.SOONA
AGED ABOUT 55 YEARS
S/O LATE ABBAIAH
R/A NO: NO.50/5 BAZAR STREET
1ST CROSS, HONARPET, VIVEK
NAGAR, BANGALORE
26.AYEZ SHARIFF
AGED ABOUT 32 YEARS
S/O MOHAMMED AKBAR SHARIFF
R/A: NO.21, 9TH CROSS, WILSON
GARDEN, BANGALORE
27. M. VASIM SHERIFF
AGED ABOUT 32 YEARS
S/O MOHAMMED AKBAR SHARIFF
R/A: NO.21, 9TH CROSS, WILSON
GARDEN, BANGALORE ... RESPONDENTS
(BY M/S.MYLARAIAH ASSOCIATES)
RFA FILED UNDER SEC.96 OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 24.10.2011 PASSED IN
7
O.S.NO.6272/2001 ON THE FILE OF THE XXXVIII ADDL. CITY
CIVIL JUDGE, BANGALORE, DECREEING THE SUIT FOR
PARTITION AND SEPARATE POSSESSION.
THIS APPEAL COMING ON FOR FURTHER ORDERS, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal filed on 21.11.2011 was found defective and office has listed eight objections and required them to be complied. They were notified on 17.04.2012 and as they were not complied within the period prescribed, it was listed before this Court on 15.06.2012. Three weeks' time was granted on 15.06.2012 and again, a week's time was granted on 12.10.2012. Despite which, even today, the objections are not complied.
Under the circumstances, there is no gain in showing any indulgence. Hence, the appeal is dismissed for non- prosecution.
SD/-
JUDGE vg/-