IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL No.770 OF 2013 BETWEEN Smt. K.Kamakshi, W/o. Sri. G.Challappan, R/at PLD No.92, New No.153, 2nd Cross, Channakeshabanagar, Hosur Main Road, Electrinic City, Bengaluru-560100.
(By Sri. K.H.Ramu, Advocate - Absent) AND 1. Smt. Govindamma, W/o. Sri. Govindappa, Aged about 58 years, 2. Sri. G.Krishna, S/o. Sri. Govindappa, Aged about 43 years, 3. Sri. G.Murali, S/o. Sri. Govindappa, Aged about 36 years, The R1 to R3 are R/at No.92, New No.153, 2nd Cross, Channakeshabanagar, Hosur Main Road, Electronic City, Bengaluru-560100.
…Appellant 4. Cable Seena @ Srinivas, S/o. Sri. Narayana Swamy, Aged about 43 years, R/at 2nd Cross, Channakeshabanagar, Hosur Main Road, Electronic City, Bengaluru-560100.
…Respondents (By Sri. S.Subramanya, Advocate for R4) This RFA is filed under 96 of CPC against the judgment and decree dated 03.01.2013 passed in O.S.No. 8406/2006 on the file of the VIII Additional City Civil and Sessions Judge, Bengaluru, dismissing the suit for injunction.
This RFA coming on for orders, this day, the Court made the following :
ORDER The learned counsel for the appellant is absent. On 19.11.2016, at the request of appellant’s counsel time was granted for taking steps to respondents no.1 to 3. Since then process fee has not been paid for issuance of notice to respondents no.1 to 3. Therefore appeal against respondents 1 to 3 is dismissed. For the reason that appeal against respondents no. 1 to 3 is dismissed, it appears that appeal against respondent no.4 does not survive and therefore entire appeal is dismissed.
Sd/- JUDGE sd