IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 30TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD REGULAR FIRST APPEAL NO.329 OF 2009 (DEC) BETWEEN:
1. PREMILA MATHEW WIFE OF THOMAS MATHEW AGED ABOUT 64 YEARS AT M/S SOUTH KARNATAKA TOBACCOS PRIVATE LIMITED B.M. ROAD, PERIYAPATNA MYSURUS DISTRICT-571 107.
2. MRUDULA JESUDASEN WIFE OF VIKRAM JESUDASEN MAJOR IN AGE AT THE SOUTH INDIAN EXPORT COMPANY PRIVATE LIMITED MYSURU BANK BUILDING NO.231, N.S.C. BOSE ROAD CHENNAI TAMIL NADU-600 001.
... APPELLANTS (BY SRI:H.S.CHANDRA MOULI, ADVOCATE) AND:
1. M/S LIL-HAM ESTATE ENTERPRISES PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1950 HAVING ITS OFFICE AT NO.22 SWASTIC SOCIETY, BLOCK NO.5 OPPOSITE TO MITHIBAI COLLEGE N. S. ROAD, NO.2 JUSHU SCHEME VILE PARLE (WEST) MUMBAI-400 056 MAHARASHTRA REPRESENTED BY ITS MANAGING DIRECTOR.
2. LILAVATHY KESHAVJI ASHER WIFE OF LATE K.T.ASHER AGED ABOUT 65 YEARS AT NO.108-B SAMEER APARTMENTS NO.169, S V ROAD ANDHERI WEST MUMBAI-400 058 MAHARASHTRA.
3. HAMIR KESHAVJI ASHER SON OF LATE K.T.ASHER AGED ABOUT 39 YEARS AT NO.108-B, SAMEER APARTMENTS NO.169, S V ROAD ANDHERI WEST MUMBAI-400 058 MAHARASHTRA.
... RESPONDENTS (BY SRI: S.H.PRASHANT, ADVOCATE FOR R2 AND R3) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 17.12.2008 PASSED IN O.S.NO.3532 OF 1993 ON THE FILE OF THE XII ADDITIONAL CITY CIVIL JUDGE, BENGALURU, DISMISSING THE SUIT FOR DECLARATION.
***** THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH, J., DELIVERED THE FOLLOWING:
JUDGMENT A memo for retirement is filed in the Court today, wherein it is stated that in spite of making repeated telephone calls, the appellants have not responded.
In view of the said memo, the appeal is dismissed for non-prosecution.
Sd/- Sd/-
JUDGE JUDGE *bgn/-