Full Judgment Text
- 1 -
NC: 2026:KHC:17337
RFA No. 1040 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 26 DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE R. NATARAJ
REGULAR FIRST APPEAL NO. 1040 OF 2024 (DEC)
BETWEEN:
1. SMT. KANAKAMMA
W/O. VENKATESHULU
AGED ABOUT 76 YEARS
R/AT NO.113, JAYAMMA BUILDING
MEDAHALLI VILLAGE
VIRGONAGAR POST
BENGALURU - 560049
2. SMT. NAGARATHNA
D/O. VENKATESHULU
W/O. JAYAKUMAR
AGED ABOUT 56 YEARS
ND
R/AT NO.55, 2 MAIN
RD
3 CROSS, MEDAHALLI EXTENSION
VIRGONAGAR POST
BENGALURU - 560049
Digitally
signed by
HEMALATHA J
Location:
HIGH COURT
OF
KARNATAKA
3. SMT. CHANDRAKALA
W/O. GUNASHEKAR
D/O. VENKATESHULU
AGED ABOUT 49 YEARS
R/AT NO.113, JAYAMMA BUILDING
MEDAHALLI VILLAGE
VIRGONAGAR POST
BENGALURU 560049
…APPELLANTS
(BY SRI. BABU D R., ADVOCATE)
- 2 -
NC: 2026:KHC:17337
RFA No. 1040 of 2024
HC-KAR
AND:
1. MR. ROSHAN MANAVALAN
S/O. SRI. T MANAVALAN
AGED ABOUT 37 YEARS
R/AT NEW NO.22, OLD NO.20
GOPALKRISHNA ROAD, T.NAGAR
CHENNAI - 600017
2. MR. SHARATH MANAVALAN
S/O. SRI. T. MANAVALAN
AGED ABOUT 37 YEARS
RA/T NEW NO.22, OLD NO.20
GOPALKRISHNA ROAD, T.NAGAR
CHENNAI - 600017
3. MR. RAMESH
S/O. LATE VENKATESHULU
AGED ABOUT 52 YEARS
R/AT NO.319, OM SAI NILAYA
ST ST
1 MAIN, 1 CROSS
NEAR SATSANG ASHRAM
MEDAHALLI VILLAGE
VIRGONAGAR POST
BANGALORE - 560049
4. MR. RAJ KUMAR
S/O. LATE VENKATESHULU
AGED ABOUT 50 YEARS
R/AT NO.113,
JAYAMMA BUILDING
MEDAHALLI VILLAGE
VIRGONAGAR POST
BANGALORE - 560049
…RESPONDENTS
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 READ WITH ORDER 41 RULE 1 OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 20.02.2024 PASSED ON IA
NO.III IN OS NO.1793/2018 ON THE FILE OF PRINCIPAL
SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT,
- 3 -
NC: 2026:KHC:17337
RFA No. 1040 of 2024
HC-KAR
BENGALURU., ALLOWING THE IA NO.III FILED UNDER ORDER
VII RULE (a) AND (d) OF CPC., FOR REJECTION OF PLAINT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R. NATARAJ
ORAL JUDGMENT
There is no representation for the appellants.
2. The office objections are not complied, despite
granting six opportunities.
3. Hence, appeal is dismissed for non-prosecution.
4. In view of dismissal of main appeal, pending
interlocutory applications, if any do not survive for
consideration and the same stands disposed of.
Sd/-
(R. NATARAJ)
JUDGE
HJ
List No.: 1 Sl No.: 4
NC: 2026:KHC:17337
RFA No. 1040 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 26 DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE R. NATARAJ
REGULAR FIRST APPEAL NO. 1040 OF 2024 (DEC)
BETWEEN:
1. SMT. KANAKAMMA
W/O. VENKATESHULU
AGED ABOUT 76 YEARS
R/AT NO.113, JAYAMMA BUILDING
MEDAHALLI VILLAGE
VIRGONAGAR POST
BENGALURU - 560049
2. SMT. NAGARATHNA
D/O. VENKATESHULU
W/O. JAYAKUMAR
AGED ABOUT 56 YEARS
ND
R/AT NO.55, 2 MAIN
RD
3 CROSS, MEDAHALLI EXTENSION
VIRGONAGAR POST
BENGALURU - 560049
Digitally
signed by
HEMALATHA J
Location:
HIGH COURT
OF
KARNATAKA
3. SMT. CHANDRAKALA
W/O. GUNASHEKAR
D/O. VENKATESHULU
AGED ABOUT 49 YEARS
R/AT NO.113, JAYAMMA BUILDING
MEDAHALLI VILLAGE
VIRGONAGAR POST
BENGALURU 560049
…APPELLANTS
(BY SRI. BABU D R., ADVOCATE)
- 2 -
NC: 2026:KHC:17337
RFA No. 1040 of 2024
HC-KAR
AND:
1. MR. ROSHAN MANAVALAN
S/O. SRI. T MANAVALAN
AGED ABOUT 37 YEARS
R/AT NEW NO.22, OLD NO.20
GOPALKRISHNA ROAD, T.NAGAR
CHENNAI - 600017
2. MR. SHARATH MANAVALAN
S/O. SRI. T. MANAVALAN
AGED ABOUT 37 YEARS
RA/T NEW NO.22, OLD NO.20
GOPALKRISHNA ROAD, T.NAGAR
CHENNAI - 600017
3. MR. RAMESH
S/O. LATE VENKATESHULU
AGED ABOUT 52 YEARS
R/AT NO.319, OM SAI NILAYA
ST ST
1 MAIN, 1 CROSS
NEAR SATSANG ASHRAM
MEDAHALLI VILLAGE
VIRGONAGAR POST
BANGALORE - 560049
4. MR. RAJ KUMAR
S/O. LATE VENKATESHULU
AGED ABOUT 50 YEARS
R/AT NO.113,
JAYAMMA BUILDING
MEDAHALLI VILLAGE
VIRGONAGAR POST
BANGALORE - 560049
…RESPONDENTS
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 READ WITH ORDER 41 RULE 1 OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 20.02.2024 PASSED ON IA
NO.III IN OS NO.1793/2018 ON THE FILE OF PRINCIPAL
SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT,
- 3 -
NC: 2026:KHC:17337
RFA No. 1040 of 2024
HC-KAR
BENGALURU., ALLOWING THE IA NO.III FILED UNDER ORDER
VII RULE (a) AND (d) OF CPC., FOR REJECTION OF PLAINT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R. NATARAJ
ORAL JUDGMENT
There is no representation for the appellants.
2. The office objections are not complied, despite
granting six opportunities.
3. Hence, appeal is dismissed for non-prosecution.
4. In view of dismissal of main appeal, pending
interlocutory applications, if any do not survive for
consideration and the same stands disposed of.
Sd/-
(R. NATARAJ)
JUDGE
HJ
List No.: 1 Sl No.: 4