IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MRS JUSTICE K.S.MUDAGAL MISCELLANEOUS FIRST APPEAL NO.8008/2018 BETWEEN:
MR. LAKSHMANA GOWDA AGED ABOUT 41 YEARS, S/O MUNISWAMAPAP R/AT NO.148/8, BELADINGALU, 3D A CROSS, RAMAKRISHNA ROAD M.V.EXTENSION, HOSAKOTE TOWN BANGALORE RURAL DISTRICT ... APPELLANT [(BY SRI MOHAN KUMAR M., ADVOCATE (ABSENT)] AND:
1. MR. SHARATH KUMAR C.P. S/O SRI PREM KUMAR AGED ABOUT 49 YEARS R/AT NO.593, KORAMANGALA LAYOUT 4TH BLOCK, BANGALORE – 560 034 2. M.R. PREMKUMAR S/O LATE MUNISWAMAIAH AGED ABOUT 82 YEARS R/AT NO.359, 60FT ROAD 6TH MAIN, MVI LAYOUT, HESARAGHATTA MAIN ROAD BAGALGUNTE, NAGASANDRA POST BANGALORE – 560 073 3. DR. KAVITHA PREMKUMAR W/O DR. OM PRAKASH AGED ABOUT 45 YEARS PLOT NO.15, ROAD NO.5 JUBILEE HILLS, HYDERABAD – 500 033 4. KUMARI SANDHYA P. D/O MR PREMKUMAR AGED ABOUT 42 YEARS R/AT NO.359, 60 FEET ROAD 6TH MAIN, MVI LAYOUT HESARAGHATTA MAIN ROAD, BAGALGUNTE, NAGASANDRA BANGALORE – 560 073 …RESPONDENTS (BY SRI V.PRABHAKAR, ADVOCATE FOR R1; VIDE ORDER DATED 18.09.2019 NOTICE TO R2-R4 IS DISPENSED WITH) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) R/W SECTION 94 OF CPC, 1908, AGAINST THE ORDER DATED 04.09.2018, PASSED ON I.A.NO.1 AND 3 IN OS.NO.25607/2017 ON THE FILE OF THE XIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH-22), ALLOWING THE I.A.I AND III FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC.
THIS APPEAL COMING ON FOR FINAL DISPOSAL THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT No representation for the appellant. The records show that even on the previous hearing date, there was no representation for the appellant. It appears that appellant is not interested in prosecuting the matter. Therefore, the appeal is dismissed for non-prosecution.
In view of disposal of the appeal, I.A.Nos.2/2018, 3/2018 and 1/2019 stood disposed of.
Sd/- JUDGE KNM/-