IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY R.F.A.No.443 OF 2015 BETWEEN:
Smt. Padmavati @ Padma J, W/o. Late Muniraju @ Rajappa, Aged about 46 years, R/at No.65, 10th Main, 5th Cross, Arekempanahalli, Wilson Garden, Bangalore-560 027.
(By Sri.Venkataswamy Gowda, Advocate) AND:
1. Smt. Ammayamma W/o. Late Byrapa, Aged about 71 years, R/at No.128, Hulimavu, Beguru Hobli, Bangalore South Taluk, Bangalore-560 068.
2. Smt. Sujatha W/o. Late H.B.Muniraju, Aged about 45 years.
3. Sri. Vijaykumar S/o. Late H.B.Muniraju, …Appellant Aged about 21 years.
4. Sri Santhosh S/o. Late H.B.Muniraju, Aged about 19 years.
All are R/at No.128, 5th Cross, Janatha Colony, Hulimavu Bannerghatta Road, Bangalore-560 076.
…Respondents **** This Regular First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated:16.01.2015 passed in O.S.No.2186/2009 on the file of the XII Addl. City Civil and Sessions Judge, Bengaluru, dismissing the suit for declaration, possession and permanent injunction.
This Regular First Appeal coming on for Orders this day, the Court made the following:
O R D E R Called again.
Learned counsel for the appellant absent.
Inspite of granting several and sufficient opportunities, even as finally, the appellant has not taken steps to ensure service of notice on the respondents.
A perusal of the order sheet would go to show that after ordering for issuance of notice regarding admission on 10.07.2018, the matter was listed on 01.10.2018. But, the appellant had not taken steps, as such, two weeks time was granted to the appellant to take steps by furnishing process, copies etc,. Even thereafter, the appellant has not taken steps. As such, once again on 11.01.2019 the matter was listed and at the request of learned counsel for the appellant, once again one more week’s time was granted. Inspite of the same, the appellant did not take steps. Thereafter, once again the matter was listed on 05.03.2019 and at the request of learned counsel for the appellant, two more weeks time was granted for taking steps. Thereafter also, the appellant failed to take steps for serving notice upon the respondent. As such, on 11.07.2019, the matter was once again listed. On the said day, as finally a week’s time was granted to the appellant to take steps. Despite the same, till today, the appellant has not taken steps.
When the matter was called in the first round, it was passed over only to enable the appellant to take steps, despite the same, there is no submission for having taken steps, as such, the appeal stands dismissed for not taking steps.
Sd/- JUDGE PN