The High Court
Case Details
- 1 - NC: 2025:KHC:2500 RFA No. 2481 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 2481 OF 2023 (PAR/INJ) BETWEEN: 1. SRI. L.SAMARTH REDDY S/O K.LAKSHMAIAH REDDY, (K.L.REDDY), AGED ABOUT 52 YEARS, R/AT NO.6001, VIA VENITIA NORTH, DELRAY BEACH, FLORIDA-33484, USA. 2. MISS L.AJITHA REDDY D/O K.LAKSHMAIAH REDDY, (K.L.REDDY), AGED ABOUT 50 YEARS, R/AT NO.444, WEST BELMONT ROAD, UNIT 4B, CHICAGO, IL-60657. USA.
Legal Reasoning
BOTH THE APPELLANTS ARE REPRESENTED BY THEIR SPECIAL POWER OF ATTORNEY HOLDER, SRI B.K.SUDHAKAR, S/O M.KRISHNAPPA, AGED ABOUT 54 YEARS, R/AT NO.1118, 23RD MAIN, 23RD CROSS, 2ND SECTOR, H.S.R. LAYOUT, BENGLAURU-560 102. (BY SRI. NARAYANA RAO., ADVOCATE FOR SRI. RAJESWARA.P.N., ADVOCATE) …APPELLANTS Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:2500 RFA No. 2481 of 2023 AND: 1. SRI. V.ANIL REDDY S/O K.VENKATARAMANA REDDY, (K.V.REDDY), AGED ABOUT 52 YEARS, PERMANENTLY R/AT NO.2/13, NICHOLAS DRIVE, SANDY BAY, HOBART 7005, AUSTRALIA, PRESENTLY R/AT NO.45, R.V.ROAD, BASAVANAGUDI, BENGALURU-560 004. REP. BY POWER OF ATTORNEY HOLDER, SRI B.BAVADEEP REDDY, S/O LATE K.B.REDDY, AGED ABOUT 53 YEARS, R/AT NO.606, 2ND CROSS, 3RD BLOCK, KORAMANGALA, BENGALURU-560 034. SRI K.VENKATARAMANA REDDY, ALSO KNOWN AS K.V.REDDY, S/O LATE KRISHNAPPA REDDY, DIED ON 24-01-2022 SINCE DEAD BY HIS LRS., I.E. PLAINTIFF (SON) AND DEFENDANTS 1A AND 3 (WIFE AND DAUGHTER RESPECTIVELY) 2. SMT. SUSHEELA, W/O LATE K.VENKATAMANA REDDY, ALSO KNOWN AS K.V.REDDY, AGED ABOUT 84 YEARS, PRESENTLY R/AT KESANI, 207, GROUND FLOOR, 11TH CROSS, LAKKASANDRA EXTENSION, OPPOSITE BRAND FACTORY ROAD, WILSON GARDEN, BENGALURU-560 027. PERMANENTLY R/AT NO.21, 12TH MAIN ROAD, - 3 - NC: 2025:KHC:2500 RFA No. 2481 of 2023 14TH CROSS, WILSON GARDEN, BANGALORE-560 030. 3. SRI K.LAKSHMAIAH REDDY ALSO KNOWN AS K L REDDY, S/O LATE KRISHNAPPA REDDY, AGED ABOUT 88 YEARS, R/AT NO.4677, ROLLING RIDGE, WEST BLOOMFIELD, MICHIGAN-48323, USA. 4. SMT.V.ARUNA REDDY W/O G.RAVINDRA REDDY, AGED ABOUT 54 YEARS, R/AT NO.19, 12TH MAIN ROAD, WILSON GARDEN, BENGALURU-560 030. 5. SMT. SHARADAMMA W/O LATE K.NARAYANA REDDY, AGED ABOUT 85 YEARS, R/AT NO.2009, WAMA IBBANI APARTMENTS, KASAVANAHALLI, BENGALURU-560 037. 6. SMT K.N.VIJAYALAKSHMI W/O SRI A.R.SHIVARAM, D/O LATE K.NARAYAN REDDY, AGED ABOUT 67 YEARS, R/AT NO.670, 6TH CROSS, 3RD BLOCK, KORAMANGALA, BENGALURU-560 034. SRI K N RAVINDRANATH S/O LATE K NARAYANA REDDY, (UNMARRIED AND DIED ON 16-09-2021), SINCE DEAD DEFENDANTS NO.6, 7 AND 9 (MOTHER SISITER AND BROTHER) ARE LEGAL REPRESENTATIVES AND ARE ALREADY ON RECORD., - 4 - NC: 2025:KHC:2500 RFA No. 2481 of 2023 7. SRI K N MOHAN, S/O LATE K NARAYANA REDDY, AGED ABOUT 61 YEARS, R/AT NO.446, 28TH MAIN, IST SECTOR, HSR LAYOUT, BENGALURU-560 102. 8. SMT. RADHAMMA W./O LATE K SRINIVASA REDDY, AGED ABOUT 78 YEARS, R/AT NO.45, KASAVANAHALLI, BENGALURU-560 037. SRI K.S.SURESH S/O LATE K.SRINIVASA REDDY, DIED ON 20-07-2023, SINCE DEAD REP BY LRS, DEFENDANT NO.10, 18 AND 19 (MOTHER , SON AND DAUGHTER). 9. SMT. SHOBHITA SURESH, W/O LATE K S SURESH, AGE MAJOR, R/AT NO.45, KASAVANAHALLI, BENGALURU-560 037. SRI K S JAGADEESH REDDY S/O LATE K SRINIVASA REDDY, DIED ON 09-06-2021, SINCE DEAD BY HIS LRS., I.E. DEFENDANTS 10,12A,12B, AND 12 C, 10. SMT. P ANITHA, W/O LATE JAGADISH REDDY, AGED ABOUT 53 YEARS, 11. MISS. SANJANNA D/O LATE JAGADISH REDDY, AGED ABOUT 33 YEARS, - 5 - NC: 2025:KHC:2500 RFA No. 2481 of 2023 12. SRI NISHANTH S/O LATE JAGADISH REDDY, AGED ABOUT 31 YEARS, RESPONDENTS 10 TO 12 ARE R/AT NO.45, KASAVANAHALLI, BENGALURU-560 037. 13. SRI. K.S. SATISH S/O LATE K SRINIVASA REDDY, AGED ABOUT 53 YEARS, R/AT NO.45, KASAVANAHALLI, BENGALURU-560 037. SRI A N SUBHAS CHANDRA S/O LATE A V NARASIMHA REDDY, DIED ON 14-01-2023, SINCE DEAD BY HIS LRS., 14. SMT. JYOTHI, W/O LATE A N SUBASHCHANDRA, AGE MAJOR, 15. MISS. SANKEERTHI D/O LATE A N SUBASHCHANDRA, AGE MAJOR, RESPONDENTS 14 & 15 ARE R/AT NO.2, A.V.N.CORNER, AMBALIPURA, NEXT TO BELANDURU POLICE STATION, SARJAPURA ROAD, BENGALURU-560 102. 16. SRI A N LINGA REDDY S/O LATE A V.NARASIMHA REDDY, AGED ABOUT 71 YEARS, R/AT NO.1, KOTEMANE, 10TH A MAIN, INDIRANAGAR 2ND STAGE, BENGALURU-560 038. - 6 - NC: 2025:KHC:2500 RFA No. 2481 of 2023 17. SMT. Y.P.HEMAMALINI REDDY W/O LATE A N RAJA VENKAT REDDY, AGED ABOUT 52 YEARS, R/AT NO.53/18, 2ND CROSS, 2ND MAIN, LALJINAGAR, LAKKASANDRA, BENGALURU-560 030. SMT. A N SARASWATHI D/O LATE SRI A.V.NARASIMHA REDDY, (DIVORCED, ISSUELESS AND DIED ON 29-08-2019), SINCE DEAD BY HER LRS I.E. DEFENDANTS NO.14 TO 16, 18. MISS. S LIKITHA LAKSHMI, D/O K S SURESH, AGED ABOUT 31 YEARS, R/AT NO.45, KASAVANAHALLI, BENGALURU-560 037. 19. SRI S NIKHIL REDDY S/O K S SURESH, AGED ABOUT 27 YEARS, R/AT NO.45, KASAVANAHLLI, BENGALURU-560 037. 20. M/S SJR BUILDERS A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.49, 27TH MAIN ROAD, IST STAGE, B.T.M. LAYOUT, BENGALURU-560 068. REPRESENTED BY ITS PARTNER, SRI J VIJAY REDDY, AND ALSO AT M/S SJR ENTERPRISES PVT LTD., HAVING ITS REGISTERED OFFICE AT SJR PRIMUS, 7TH FLOOR, 1-KORAMANGALA INDUSTRIAL ESTATE, BENGALURU-560 095. 21. M/S. S J R ENTERPRISES PVT LTD., A COMPANY INCORPORATED UNDER - 7 - NC: 2025:KHC:2500 RFA No. 2481 of 2023 THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT 7TH AND 7TH FLOORS, SJR PRIMUS, NO.1, INDUSTRIAL LAYOUT, SEVENTH BLOCK, KORAMANGALA, BENGALURU-560 095. REPRESENTED BY ITS DIRECTORS, MR. J BOOPESH REDDY, MR. J. VIJAY REDDY. 22. M/S. S J R PRIME CORPORATION PVT LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT 7TH AND 7TH FLOORS, SJR PRIMUS, NO.1, INDUSTRIAL LAYOUT, SEVENTH BLOCK, KORAMANGALA, BENGALURU-560095. REPRESENTED BY ITS DIRECTOR, MR J VIJAY REDDY. 23. BHARAT PETROLEUM CORPORATION LIMITED (BPCL), A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT 1913, HAVING ITS TERRITORY OFFICE AT "DU-PARC" TRINITY, 7TH FLOOR, 17, M G ROAD, BENGALURU-560 001. REPRESENTED BY ITS TERRITORY MANAGER (RETAIL), MR RAJEEV KUMAR. 24. M/S THE KARNATAKA ELECTRICITY BOARD EMPLOYEES CO-OPERATIVE SOCIETY LIMITED BANGALORE, PRESENTLY KNOWN AS KPTCL EMPLOYEES CO-OPERATIVE SOCIETY LTD, HAVING ITS REGISTERED OFFICE AT ANAND RAO CIRCLE, RACE COURSE ROAD, BENGALURU-560009 - 8 - NC: 2025:KHC:2500 RFA No. 2481 of 2023 25. K P CHAMPAKADAMASWAMY S/O SRI K.S. PUTTASWAMY, AGE MAJOR, HON.SECRETARY, M/S THE KARNATAKA ELECTRICITY BOARD EMPLOYEES CO OPERATIVE SOCIETY LTD., BANGALORE, PRESENTLY KNOWN AS KPTCL EMPLOYEES CO OPERATIVE SOCIETY LTD., HAVING ITS REGISTERED OFFICE AT ANANDA RAO CIRCLE, RACE COURSE ROAD, BENGALURU-560 009. 26. M/S GOLDEN GATE PROJECTS, A PARTNERSHIP FIRM UNDER THE INDIAN PARTNERSHIP ACT HAVING ITS REGISTERED OFFICE AT NO.96, IST FLOOR, 4TH B BLOCK, KORAMANGALA EXTENSION, BENGALURU-560 034. REP BY ITS PARTNER, SRI S MARTIN, S/O SRI SANTHIAGO. 27. MS. ANUSHA A S @ ANUSH A S KAMATH AGED ABOUT 29 YEARS, (ALLEGED ADOPTED DAUGHTER OF LATE DR. A N RAJAVENKATA REDDY), (DEFENDANT NO.16) REP BY BIOLOGICAL MOTHER AND POWER OF ATTORNEY HOLDER, SMT. SARVAMANGALA KAMATHA, W/O ARAVINDA KAMATH P, 28. SRI A.S. AKSHAYA @ AKSHAYA PUTTUR KAMATH A.S.(ALLEGED ADOPTED S/O LATE DR. A N RAJAVENKATA REDDY), (DEFENDANT NO.16), REP BY BIOLOGICAL MOTHER AND POWER OF ATTORNEY HOLDER SMT. SARVAMANGALA KAMATH, W/O ARAVINDA KAMATH P, - 9 - NC: 2025:KHC:2500 RFA No. 2481 of 2023 RESPONDENTS 27 AND 28 R/AT NO.53/18, 2ND MAIN, 2ND CROSS, LALJINAGAR, LAKKASANDRA, BENGALURU-560 030. (BY SRI. AKASH.V.T., ADVOCATE FOR C/R12; SRI. ROHAN VEERANNA TIGADI., ADVOCATE FOR C/R9) …RESPONDENTS THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CPC, 1908. THIS REGULAR FIRST APPEAL IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Narayan Rao., counsel on behalf of Sri.Rajeswara.P.N., for the appellants has appeared in person and submits that short accommodation may be granted to comply with the office objections. This Court is not inclined to grant time. The reason is simple. As could be seen from the daily order sheet, the appeal was listed before the Registrar (P & H) and time was granted to comply with the office objections. Thereafter, the appeal was listed before the Court on 10.01.2025, on that day, finally, two week's time was granted to comply with the office objections, failing which the appeal was ordered to be listed under the - 10 - NC: 2025:KHC:2500 RFA No. 2481 of 2023 caption 'for dismissal of appeal for non-compliance of office objections' on 21.01.2025. The appeal is listed today under the caption 'for dismissal of appeal for non-compliance of office objections'. Despite granting sufficient time, the office objections are not complied with. It appears that the appellants are not interested in prosecuting the appeal. Hence, the Regular First Appeal is dismissed for non-compliance of office objections. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 74