Karnataka High Court
RFA/1819/2021 of SRIRANGANATHA Vs SRI.SIDDAPPA on 19 August 2026
CNR: KAHC010354472021 NC: 2026:KHC:44778 RFA No. 1819 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. 1819 OF 2021 (PAR/INJ) BETWEEN: SRIRANGANATHA, AGED ABOUT 38 YEARS, S/O
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. 1819 OF 2021 (PAR/INJ)
BETWEEN:
SRIRANGANATHA,
AGED ABOUT 38 YEARS,
S/O SIDDAPPA,
R/AT NO 160/2,
1ST MAIN ROAD,
HEBBAL,
BANGALORE - 560 024
…APPELLANT
(BY SRI. PRABHUGOUDA B. TUMBIGI, ADVOCATE)
AND:
1.
SRI.SIDDAPPA,
AGED ABOUT 70 YEARS,
S/O LATE NANJANNA (KALLAPPA),
R/O MAGODU VILLAGE,
MAGODU POST, SIRA TALUK,
TUMKUR DISTRICT - 572 137.
2.
SMT. KALAVATHI,
AGED ABOUT 40 YEARS,
D/O SIDDAPPA,
W/O NARAYANAPPA,
R/AT NO 50/1, 3RD CROSS,
CIL LAYOUT,
NEAR MAITHRI BAZAAR,
CHOLANAYAKANAHALLI,
HEBBAL, BANGALORE - 560 024.
…RESPONDENTS
(BY SRI. A. SAMPATH, ADVOCATE FOR C/R1 AND R2)
Digitally
signed by
REKHA R
Location:
High Court of
Karnataka
HC-KAR
THIS RFA FILED UNDER SECTION 96 R/W ORDER 41
RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE
DATED:05.04.2021 PASSED IN OS No.6971/2016 ON THE FILE
OF THE VII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FOR PARTITION AND
PERMANENT INJUNCTION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE T.M.NADAF
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ORAL JUDGMENT
This Court on 17.08.2026, passed the following order:
ORDER
Sri.Srikar Krishna, learned counsel appearing on behalf of Sri.A.Sampath, learned counsel for caveator/ respondents 1 and 2 has appeared through video conferencing. 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.
HC-KAR
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 was 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.
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.: 19