IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE ASHOK G.NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL No.2874/2015 BETWEEN:
R. Rathan Singh S/o late Ram Singh Aged about 78 years General Secretary Sri. Thangamalai Subramanya Swamy Welfare Association No.51/1, Rathan Mahal Rathan Singh Badavane Kaval Byrasandra, R.T.Nagar Post Bengaluru – 560 032. ... Appellant (By Sri. M. Krishnamurthy, Advocate) AND:
1. Thangamalai Subramanya Swamy Welfare Association (registered) Sri Thangamalai Subramanya Swamy Temple premises, Doddanna Nagar Kaval Byrasandra, R.T.Nagar Post Bengaluru – 560 032 Represented by its President 2. M. Papanna Chairman cum President Sri Thangamalai Subramanya Swamy Temple premises, Doddanna Nagar Kaval Byrasandra, R.T.Nagar Post Bengaluru – 560 032 … Respondents This Miscellaneous First Appeal is filed under Order XLIII RULE 1(r) of CPC against the order dated 18.07.2014 passed on I.A.No.8 in O.S.No.8367/2012 on the file of the V Additional City Civil Judge, Bengaluru, rejecting I.A.No.8 filed under Order XXXIX Rule 1 and 2 of C.P.C.
This appeal is coming on for Orders, this day, the court delivered the following:
J U D G M E N T Learned counsel for the appellant is absent.
2. No representation.
3. As per the order dated 12.12.2018, two weeks time was granted to the appellant to pay the requisites fee for issuance of notice. If the same are not paid, the appeal shall be listed for dismissal insofar as the unserved respondents are concerned.
4. In the present appeal, there are two respondents. No steps have been taken for service of notice to both the respondents.
In view of the order dated 12.12.2018, the appeal stands dismissed.
Sd/- JUDGE NR/-