IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2016 BEFORE THE HON'BLE MR. JUSTICE B.SREENIVASE GOWDA R.F.A. NO.1294/2011 [PAR] BETWEEN:
SRI. D. S. PRASHANTH, AGED ABOUT 35 YEARS, S/O. SRI. D. N. SURENDRA, R/A. NO.128/1, JEWELLERS STREET, BANGALORE - 560 001.
... APPELLANT (By SRI. F. VARIS ALI, ADV.-ABSENT) AND:
1. SRI. D. NANJUNDAIAH SETTY, S/O. LATE D. SUBBAIAH SETTY, SINCE DECEASED BY HIS LRs 1A. SMT. JYOTHI, W/O. S. R. MADAN, AGED ABOUT 55 YEARS, NO.350/A, BASAVARAJA KATLE RASTE, SADGURU NILAYAM, HANUMANTHNAGAR, BANGALORE-560 040.
1B. SMT. H. S. BAGYALAKSHMI, W/O. H. S. SUBRAMANYA GUPTA, AGED ABOUT 50 YEARS, J L B ROAD, HUNSURU - 571 105.
2. SRI. D. N. SURENDRA, AGED MAJOR S/O. NANJUNDAIAH SETTY, R/A. NO.141, JEWELLERS STREET, BANGALORE - 560 001.
3. SRI. D. N. SRINIVASULU, AGED MAJOR, S/O. NANJUNDAIAH SETTY, R/AT. NO.135/3, JEWELLERS STREET, BANGALORE - 560 001.
4. SRI. D. N. KRISHNAMURTHY, AGED MAJOR, S/O. NANJUNDAIAH SETTY, R/AT. NO.141, JEWELLERS STREET, BANGALORE - 560 001.
5. SRI. D. N. VISHWANATH, AGED MAJOR, S/O. NANJUNDAIAH SETTY, R/AT. NO.141, JEWELLERS STREET, BANGALORE - 560 001.
6. SRI. D. S. SANKEERTH, AGED MAJOR, S/O. D. N. SURENDRA, R/AT. NO.128/1, JEWELLERS STREET, BANGALORE - 560 001.
7. SRI. D. K. KAUSHIK, AGED MAJOR, S/O. D. N. KRISHNAMURTHY, R/AT. NO.135/1, JEWELLERS STREET, BANGALORE - 560 001.
8. SRI. SUKESH RAJU, AGED ABOUT 30 YEARS, S/O. D. N. SRINIVASULU, 9. KUM. NAGESHWARI, AGED ABOUT 25 YEARS, D/O. D. N. SRINIVASULU, BOTH R/A. NO.135/3, JEWELLERS STREET BANGALORE-560 001.
10. KUM. ANKITHA, AGED ABOUT 22 YEARS, D/O. D. N. KRISHNAMURTHY, R/A NO.135/3, JEWELLERS STREET BANGALORE 560 001 11. KUM. YASHIKA, AGED ABOUT 24 YEARS, D/O. D. N. KRISHNAMURTHY.
12. MR. VIGNESH, AGED ABOUT 24 YEARS, S/O. D. N. VISHWANATH, BOTH R/A NO.141, JEWELLERS STREET, BANGALORE-560 001.
... RESPONDENTS THIS RFA IS FILED UNDER ORDER 41 RULE 1 SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 04.12.2010 PASSED IN O.S.NO.10469/1998 ON THE FILE OF THE XXVIII ADDL. CITY CIVIL JUDGE, MAYOHALL UNIT, BANGALORE, DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS RFA COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Plaintiff in the suit has preferred this appeal on 21- 07-2011 challenging the judgment and decree passed by the trial Court, whereby it has dismissed the suit of the plaintiff brought for the relief of partition and separate possession of his 1/6th share in the suit property.
2. As appellant failed to comply with the office objections within the stipulated time, appeal came to be listed before Court on 27-03-2013 for orders regarding non-compliance of office objections. Since then till day, appellant has not chosen to comply office objections in spite of granting sufficient time. In fact, this appeal was dismissed on 07-06-2013 for non-compliance of office objections and it was restored on 10-10-2013 and one week time was granted to the appellant to rectify all the defects, on payment of cost of Rs.2,000/-. Till day, neither office objections are complied with, nor cost imposed is paid nor there is representation for the appellant.
3. The above facts would go to show that appellant is not interested in prosecuting the appeal.
Hence, appeal is dismissed for non-payment of cost for non-compliance of office objection and for non- prosecution.
Mgn/-
SD/- JUDGE