IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2017 BEFORE THE HON’BLE MRS. JUSTICE K.S. MUDAGAL R.F.A. NO. 876/2003 (DEC) BETWEEN:
Sri. B.N. Vishwanath, Aged about 74 years, S/o. A.S. N. Prasad, Since deceased represented by his legal representatives.
1) Mrs. P. Saroja, Aged 67 years, W/o Late Mr. B.N. Viswanath, 2) Mr. V. Praveen, Aged 44 years, S/o Late Mr. B.N. Viswanath, 3) Mr. V. Shaila, Aged 42 years, D/o late Mr. B.N. Viswanath, All residing at No.128 (Old No.70), “Sapthagiri Nilaya”, 2nd Main, 4th Cross, Ittimedu, Banashankari II Stage, Bangalore -560 070. …Appellants (By Sri. P.B. Appaiah, Advocate -Absent) AND:
1) Sri. N. Pankajakshi, W/o. V.P. Swamy, Residing at No.168, 31st Main, 4th ‘T’ Block, Jayanagar, Bangalore -560 011.
Since deceased represented by her legal representatives, respondent Nos. 2 to 4.
2) V.P. Rajashekar, S/o V.P. Swamy.
3) V.P. Jagadish, S/o V.P. Swamy.
4) Dattathreya, S/o V.P. Swamy.
5) Sadananda @ Satish @ Chandashekar, S/o V.P. Rajashekar.
Respondent Nos. 2 to 5 residing at No.29 (Old No.2), Subramanya Lane, Akkipet, Bangalore -560 053.
6) B.N. Jaganath, S/o. A.S.N. Prasad, presently residing at No.44, 5th Main, 1st Cross, Sarvabhama Nagar, Chikkallasandra, Bangalore-560 061 …Respondents (By R-1 –deceased, R-2 to R-4 are LRs of deceased R-1, Sri. S. Gangadhar Aithal, Advocate for R-2 to R-5, Sri. B.N. Jagannath, Advocate for R-6 -served) This RFA is filed under Section 96 Order 41 Rule 1 of CPC against the judgment and decree dated 17.04.2003 passed in O.S. No.159/92 on the file of the XX Addl. City Civil Judge, Bangalore CCH, No.32, dismissing the suit for declaration, partition, separate possession and mesne profits.
This R.F.A. is coming on for final hearing this day, the Court delivered the following:
JUDGMENT None represents for the appellant till 3:25 p.m.
Therefore, the appeal is dismissed for non prosecution.
Sd/- JUDGE BVK