IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO R.F.A.No.2069/2005 BETWEEN:
1 . P M ASWATHANARAYANA SHETTY S/O MUNIYAPPA SHETTY 66 YEARS, R/O NO 15, K R SHETTY PET, BANGALORE-560002 SINCE DECEASED BY LRS 1a) SMT.ANASUYAMMA W/O LATE ASHWATHANARAYANA SHETTY AGED 65 YEARS R/O: NO.15, K.R.SHETTYPET AVENUE ROAD CROSS, BANGALORE-560 002 1b)P.A.GOPINATH S/O LATE P.M.ASHWATHANARAYANA SHETTY AGED 41 YEARS R/O: NO.15, K.R.SHETTYPET AVENUE ROAD CROSS, BANGALORE-560 002 1c) SMT.R.LAKSHMI D/O LATE P.M.ASWATHANARAYANA SHETTY AGED 43 YEARS R/O: NO.15, K.R.SHETTYPET AVENUE ROAD CROSS, BANGALORE-560 002 2. SMT ANASUYAMMA W/O P M ASWATHANARAYANA SHETTY AGED 55 YEARS, NO.15, K R SHETTY PET BANGALORE-560 002 ..APPELLANTS (PARTY- IN-PERSONS -ABSENT) AND:
SMT K V SHOBHA W/O K V VISWANATHA PRASAD AGED 38 YEARS, NO.220/912, NATIONAL HIGH SCHOOL ROAD, VISVESWARAPURAM BANGALORE-560 004 ..RESPONDENT (BY SRI PRADEEP S.SAWKAR, ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 21.10.2005 PASSED IN O.S.NO.1392/87 ON THE FILE OF THE I ADDITIONAL CITY CIVIL AND SESSIONS JUSGE, BANGALORE (CCH-2), PARTLY DECREEING THE SUIT FOR SPECIFIC PERFORMANCE AND PERMANENT INJUNCTION.
THIS RFA COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Appellants-party-in-persons absent. No representation.
Matter is of the year 2005 in terms of the present appeal and of the year 1987 in terms of the original suit. Thus, age of the matter is 32 years. It appears that appellants have no interest in prosecuting the matter that is listed for final hearing duly notified well in advance.
Appeal is dismissed for non-prosecution.
Sd/- JUDGE SBN