Tejas vs V Nagaraj

TEJAS vs V Nagaraj

Type Court Judgment Court Karnataka Orders Decided Aug 31, 2024

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Citation: sooperkanoon.com/1897733
Court: Karnataka Orders High Court
Judge: S.G.Pandit,C.M. Poonacha
Decided On: Aug 31, 2024
Case Number: RFA/308/2015

Parties & Advocates

Appellant / Petitioner

TEJAS

Respondent

V Nagaraj

Excerpt

-1-in the high court of karnataka at bengalurudated this the 31st day of august, 2024 present the hon'ble mr justice s.g.pandit and the hon'ble mr justice c.m. poonacha regular first appeal no. 308 of 2015 (par) between:1. tejas aged about 24 years s/o v. nagaraj2. pavanikaaged about 19 years d/o v. nagaraj both are r/at #55, hennur road, …appellants digitally signed (by sri. g s prasanna kumar.,advocate(absent)) by nirmala devi location: high and: court of karnataka1. v nagaraj aged about 52 years s/o c. veerappa r/at #55, hennur road,2. k.s. ramakumar aged about 54 years s/o k.s. sampangirama shetty ra/t #27, a/13, ii b cross, -2- kathriguppe main road, bengaluru-853. state bank of india# 22, j.c. road branch, bengaluru 560002 rep by its branch manager …respondents (by sri. t v devaraja & .,advocate for c/r2 (absent)) this rfa is filed under sec.96 r/w order xli of the cpc 1908, against the judgment and decree dated 25.11.2014 in o.s.no.1875/2007 on the file of the xviii addl.city civil judge, bengaluru, dismissing the suit for partition and separate possession, declaration and mesne profits and etc. this appeal, coming on for orders, this day,judgment was delivered therein as under:coram: hon'ble mr justice s.g.pandit and hon'ble mr justice c.m. poonachaoral judgment(per: hon'ble mr justice s.g.pandit) the appeal was admitted on 30.1.2019 and till this date process is not paid for issuance of notice to respondent nos.1 and 3. for more than 5 years process is not paid.2. learned counsel for the appellants is not present inthe morning as well as in the afternoon. when the appellants have not taken steps for more than 5 years for service of notice to respondent nos.1 and 3, it can be said that the appellants have no interest in prosecuting the appeal. even paper books -3- as ordered are not filed. the appeal is dismissed for non prosecution. (s.g.pandit) (c.m. poonacha) nd list no.: 1 sl no.: 33

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF AUGUST, 2024 PRESENT THE HON'BLE MR JUSTICE S.G.PANDIT AND THE HON'BLE MR JUSTICE C.M. POONACHA REGULAR FIRST APPEAL NO. 308 OF 2015 (PAR) BETWEEN:
1. TEJAS AGED ABOUT 24 YEARS S/O V. NAGARAJ
2. PAVANIKA

AGED ABOUT 19 YEARS D/O V. NAGARAJ BOTH ARE R/AT #55, HENNUR ROAD, …APPELLANTS Digitally signed (BY SRI. G S PRASANNA KUMAR.,ADVOCATE(ABSENT)) by NIRMALA DEVI Location: HIGH AND: COURT OF KARNATAKA

1. V NAGARAJ AGED ABOUT 52 YEARS S/O C. VEERAPPA R/AT #55, HENNUR ROAD,

2. K.S. RAMAKUMAR AGED ABOUT 54 YEARS S/O K.S. SAMPANGIRAMA SHETTY RA/T #27, A/13, II B CROSS, -2- KATHRIGUPPE MAIN ROAD, BENGALURU-85

3. STATE BANK OF INDIA

# 22, J.C. ROAD BRANCH, BENGALURU 560002 REP BY ITS BRANCH MANAGER …RESPONDENTS (BY SRI. T V DEVARAJA & .,ADVOCATE FOR C/R2 (ABSENT)) THIS RFA IS FILED UNDER SEC.96 R/W ORDER XLI OF THE CPC 1908, AGAINST THE JUDGMENT AND DECREE DATED 25.11.2014 IN O.S.NO.1875/2007 ON THE FILE OF THE XVIII ADDL.CITY CIVIL JUDGE, BENGALURU, DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION, DECLARATION AND MESNE PROFITS AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE S.G.PANDIT and HON'BLE MR JUSTICE C.M. POONACHA

ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE S.G.PANDIT) The appeal was admitted on 30.1.2019 and till this date process is not paid for issuance of notice to respondent Nos.1 and 3. For more than 5 years process is not paid.

2. Learned counsel for the appellants is not present in

the morning as well as in the afternoon. When the appellants have not taken steps for more than 5 years for service of notice to respondent Nos.1 and 3, it can be said that the appellants have no interest in prosecuting the appeal. Even paper books -3- as ordered are not filed. The appeal is dismissed for non prosecution. (S.G.PANDIT) (C.M. POONACHA) ND List No.: 1 Sl No.: 33

Same Court & Year Karnataka Orders · 2024 Same Parties TEJAS vs V Nagaraj Same Judge S.G.Pandit,C.M. Poonacha