Karnataka High Court
RFA/1822/2021 of SRI. GUNAVANTHA KAKADE G Vs SMT. GEETHA KUMARI on 19 August 2026
CNR: KAHC010359132021 NC: 2026:KHC:44777 RFA No. 1822 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF REGULAR FIRST APPEAL NO. 1822 OF 2021 (PAR) BETWEEN: SRI. GUNAVANTHA KAKADE G., S/O LATE RUKMIN I A.C.
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF AUGUST, 2026
BEFORE
THE HON'BLE MR. JUSTICE T.M.NADAF
REGULAR FIRST APPEAL NO. 1822 OF 2021 (PAR)
BETWEEN:
SRI. GUNAVANTHA KAKADE G.,
S/O LATE RUKMIN I A.C. AND
SRI.GANGADHARA RAO,
AGED ABOUT 29 YEARS,
R/AT NO.700, 5TH MAIN ROAD,
BANASHANKARI I STAGE,
1ST BLOCK, SRINAGAR,
BENGALURU - 560 050.
…APPELLANT
(BY SRI. PRABHUGOUDA B. TUMBIGI, ADVOCATE)
AND:
1.
SMT. GEETHA KUMARI
W/O LATE A.S.CHANDRASHEKAR RAO
AGED ABOUT 69 YEARS,
2.
SRI.A.C.ASHOK KUMAR
S/O LATE A.S.CHANDRASHEKA RAO
AGED ABOUT 50 YEARS,
3.
A.C.BHAVANI
D/O LATE A.S.CHANDRASHEKAR RAO
AGED ABOUT 46 YEARS,
RESPONDENT NOS. 1 TO 3 ARE
R/AT NO.61,
Digitally
signed by
REKHA R
Location:
High Court
of Karnataka
HC-KAR
SHANKARAPURA MAIN ROAD,
OPPOSITE TO KARAVALI HOTEL,
YESHWANTHPURAM,
BENGALURU - 560 022.
4.
A.C.AMBIKA,
D/O LATE A.S.CHANDRDASHEKAR RAO,
AGED ABOUT 48 YEARS,
R/AT NO.13/01, 21ST 'B' CROSS,
JAYANAGAR 6TH BLOCK,
YADIYUR,
BENGALURU - 560 070.
…RESPONDENTS
(BY SRI. M KRISHNAPPA, ADVOCATE FOR C/R1, R2 & R4)
THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST
THE RFA JUDGMENT AND DECREE DATED:11.06.2021 PASSED
IN OS.NO.3599/2018 ON THE FILE OF THE XIX ADDITIONAL
CITY
CIVIL
AND
SESSIONS
JUDGE,
BENGALURU
CITY,
DISMISSING THE SUIT FOR PARTITION AND SEPARATE
POSSESSION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE T.M.NADAF
HC-KAR
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ORAL JUDGMENT
This Court on 17.08.2026, passed the following order:
ORDER
It is seen from the order sheet that, since 30.07.2026, either the appellant is absent or sought time to argue the matter. The appeal is of the year 2021. When the matter was called in the first call, a proxy counsel from the Bar representing learned counsel Sri.Prabhugouda B.Tumbigi, sought a pass-over. When the matter was called at the second call at 4:02 pm, none appeared on behalf of the appellant. This shows that the appellant has no interest in prosecuting the appeal. However, this Court is of the opinion to provide one more opportunity to the appellant to submit arguments, if any, on merits. Accordingly the matter was ordered to be listed on 19.08.2026. It is made clear that if none appears on behalf of the appellant on the next date of posting, this Court has no option, than to dismiss the appeal for non- prosecution.
HC-KAR
The appeal is listed today. None appeared on behalf of the appellant. In view of earlier peremptory order dated 17.08.2026, the appeal is dismissed for non-prosecution.
Sd/- (T.M.NADAF) JUDGE
TKN List No.: 2 Sl No.: 20