IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR R.F.A.NO.1006 OF 2015 BETWEEN:
C. Prakash S/o A.Chennaiah Major in age No.1075, 14th “A” Main Behind Kamala Nursing Home Hanumanthanagar Bengaluru – 560 019 …Appellant (By Sri G.K.Bhat, Advocate)(Absent) AND:
1. C.Chandrashekar No.65/111, 4th Main, 12th Cross Subramanyabharati Road Basappa Layout Hanumanthanagar Bengaluru – 560 019 2. The Deputy Commissioner of Excise Bengaluru Urban District(West) Bengaluru ... Respondents (By Sri Mohan Bhat, Advocate for R1, R2-Served) This RFA is filed under Section 96 of CPC against the judgment and decree dated 06.07.2015 passed in O.S.No.7972/2014 on the file of the XXVII Additional City Civil Judge, Bengaluru, rejecting the plaint filed under Order VII Rule 11(d) of CPC and the suit for injunction.
This appeal coming on for orders this day, the Court made the following:
ORDER Appellant’s counsel is absent. He has filed a memo dated 23.01.2019 stating that in view of the death of first respondent-C.Chandrashekar, on 22.09.2018, this appeal does not survive for consideration and therefore the appeal may be dismissed. This memo is placed on record. Appeal is dismissed accordingly.
KMV/-
Sd/- JUDGE