IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY REGULAR FIRST APPEAL No.1699 OF 2014 BETWEEN:
Smt. Rathnamma W/o Narayan Aged 43 years R/o No.50, 8th Main, II Cross Begur Road, Muneshwara Layout Hongasandra Post Bengaluru – 560 068.
(By Sri Saket Bisani, Advocate - Absent) AND:
Sri Munivenkatappa S/o Late Ramakrishnappa Aged 63 years R/o No. 7th Main, II Cross Anjeneya Temple Road Begur Road Hongasandra Post Bengaluru – 560 068.
.. APPELLANT .. RESPONDENT This Regular First Appeal is filed under Section 96 of CPC praying to set aside the Judgment and Decree passed by the XXIV Addl. City Civil and Sessions Judge, Bengaluru City(CCH-6), dated 05.12.2013 passed in O.S. No.3089/2010 by allowing this appeal in the interest of justice and equity.
This Regular First Appeal coming on for Orders this day, the Court made the following:
ORDER Called again in the second round. Learned counsel for the appellant absent.
In this appeal of the year of 2014, even after ordering issuance of notice in 2016 itself, the appellant has not taken appropriate steps to ensure service of notice to the respondent, till date. On several dates, the matter appeared before the Court and sufficient time was granted to the appellant to do the needful, still, she has not done the same.
On 26.08.2019, though the appellant was absent, however, this Court, as a final last chance, granted a week’s time to the appellant to do the needful. Thereafter, on 11.09.2019, learned counsel for the appellant submitted that he would do the needful during the course of the day. The note put up by the Registry goes to show that despite such an undertaking given by the appellant, needful was not done.
As such, it is evident from the above that the appellant is not evincing interest in prosecuting the matter. As such, the appeal stands dismissed for non prosecution and for not taking steps.
Sd/- JUDGE sac*