Regular first appeal filed under Section 96 CPC. Appellants were absent on the hearing date after being permitted to retire from the case. The appeal was dismissed for non-prosecution. All pending interim applications were also dismissed.
Appeal dismissed for non-prosecution; pending interim applications dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 571 OF 2014 (DEC/INJ)
BETWEEN:
ALL ARE R/A NO.35, 17TH CROSS 14TH MAIN ROAD, MALLESWARAM BANGALORE-560055.
Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka
(APPELLANTS No. 1,2 & 3 ARE ABSENT)
AND:
…APPELLANTS
NC: 2023:KHC:19283 RFA No. 571 of 2014
2. GANGADHAR
AGED 65 YEARS S/O RANGAPPA R/O NO.104, 8TH CROSS CUBBON PET, BANGALORE-560002.
…RESPONDENTS
(NOTICE TO R1 & ARE H/S V/O DATED: 20.03.2020)
THIS RFA IS FILED UNDER SECTION 96, R/W O.41, R-1, OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 18.7.2013 PASSED IN O.S.4669/2010 ON THE FILE OF THE V- ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE, DISMISSING THE SUIT FOR DECLARATION AND INJUNCTION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This court by order dated 30.5.2023 had permitted the learned counsel for the appellants to retire from the case and directed the office to show the name of the appellants in the cause list.
Today, when the matter was called out, none appeared for the appellants. It appears that the appellants are not interested in prosecuting the case. Hence, the appeal is dismissed for non-prosecution.
NC: 2023:KHC:19283 RFA No. 571 of 2014
In view of dismissal of appeal, all pending I.As, if
any, do not survive for consideration and are accordingly
dismissed.
Sd/JUDGE
DM
List No.: 1 Sl No.: 33
1 provisions across 1 enactments
SMT NAGAMMA W/O LATE B.C.NARASIMHAIAH
SRI B N CHENNAKESHAVA S/O LATE B.C.NARASIMHAIAH
SRI B N SHANTHANNA S/O LATE B.C.NARASIMHAIAH
SRI VENKATARAMAIAH S/O LATE VENKATAPPA
GANGADHAR
H.T. NARENDRA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
