Karnataka High Court
RFA/1168/2014 of SMT V GEETHA RADAKRISHNA Vs SRI VENKATANARASIMHAIAH on 22 June 2026
NC: 2026:KHC:30596-DB RFA No. 1168 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF REGULAR FIRST APPEAL NO. 1168 OF 2014 BETWEEN: SMT. V. GEETHA RADAKRISHNA, W/O SRI.
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JUNE, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
REGULAR FIRST APPEAL NO. 1168 OF 2014
BETWEEN:
SMT. V. GEETHA RADAKRISHNA,
W/O SRI. B.M. RADAKRISHNA,
AGED ABOUT 51 YEARS,
R/A NO.814, 14TH MAIN ROAD,
42ND CROSS, 3RD BLOCK,
RAJAJINAGAR,
BANGALORE - 560 010.
…APPELLANT
(BY SRI. H.T. NARAYAN & HANUMANTHARAYAPPA., ADVOCATE)
AND:
1.
SRI. VENKATANARASIMHAIAH,
S/O LATE NARAPPA,
AGED ABOUT 84 YEARS,
2.
MISS. V. REKHA,
D/O VENKATANARASIMHAIAH,
AGED ABOUT 43 YEARS,
3.
DR V KULDEEP
D/O VENKATANARASIMHAIAH
AGED ABOUT 40 YEARS
Digitally
signed by
REKHA R
Location:
High Court
of Karnataka
HC-KAR
4.
SMT. NARASAMMA,
W/O VENKATANARASIMHAIAH,
SINCE DECEASED
REPRESENTED BY HER LRS
RESPONDENT NO.1 TO 3
AS STATED ABOVE VIDE COURT
ORDER DATED 11.08.2021AND
ALSO THE APPELLANT SMT. V.GEETHA
RADHAKRISHNA IS PERMITTED
TO COME ON RECORD
AS LR OF DECEASED R4 AS PER
COURT ORDER DATED:04.01.2022
ALL ARE RESIDING AT:
NO.J-56/1, KRISHNA KUTEERA,
NANJEGOWDA STREET,
DODDAMAVALLI,
BANGALORE - 560 004.
…RESPONDENTS
(BY SRI. RANGARAMU V., ADVOCATE FOR R1 TO R3)
THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED:17.07.2014
PASSED IN O.S.3623/2009 ON THE FILE OF XVII ADDL. CITY
CIVIL AND SESSIONS JUDGE, BENGALURU(CCH-16), PARTLY
DECREEING THE SUIT FOR PARTITION AND SEPARATE
POSSESSION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE T.M.NADAF
HC-KAR
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ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
This appeal has been pending on the files of this Court since 2014. Twelve long years have gone since filing of this appeal. As and when the matter has been listed before this Court, only effort has been made to take adjournment in the matter and keep the case alive on the files of this Court, for the reasons best known to the learned counsel for appellant as well as respondent.
2. On the last date of hearing i.e., on 09.06.2026, considering the repeated adjournments taken in the appeal, we pass the following order: "This appeal is of the year 2014. Learned counsel for appellant seeks adjournment. The ground for adjournment is that the learned Senior counsel engaged in the matter is not keeping well. Considering the said request, we adjourn the hearing of this appeal on 22.06.2026, with condition that any endeavour to take adjournment on next date of hearing will cost of Rs.50,000/- (Rupees Fifty Thousand only). In the meantime, if the paper books are not filed by the appellant, we will dismiss this appeal for non- prosecution."
HC-KAR
3. Today when the matter is listed, the learned counsel for appellant is again trying to take adjournment. We made it clear on the last date of hearing that, any endeavour to take adjournment would result in cost of Rs.50,000/-. We therefore, do not wish to adjourn the matter.
4. The paper books as directed by this Court has not been filed.
5. We therefore, dismiss this appeal for non- prosecution.
Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE
RR List No.: 2 Sl No.: 1 ct-vn