IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29th DAY OF JULY, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY R.F.A.No.268 OF 2018 BETWEEN:
Sri. B.S.Prabhudev S/o. Late B.R.Shivanna, Aged about 59 years, C/o Revannasiddeshwara Stores, No.29/A, 8th Main Road, Hanuanthanagar, 50 Feet Main Road, Bangalore-560 050.
(By Sri.Ramesha K.R., Advocate) AND:
1. Smt. B.S.Saroja W/o. Late Vasantha Rao, Aged about 54 years, R/at No.123/2-3, 7th Main Road, B.S.K. 3rd Stage, Dattatreya Nagar, Hosakerehalli, Bangalore-560 085.
2. Sri. B.Lakshmisha S/o. Late Vasantha Rao, Aged about 33 years, R/at No.123/2-3, …Appellant 7th Main Road, B.S.K. 3rd Stage, Dattatreya Nagar, Hosakerehalli, Bangalore-560 085.
…Respondents **** This Regular First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated:06.01.2018 passed in O.S.No.1514/2014 on the file of the XLII Additional City Civil and Sessions Judge, Bengaluru, dismissing the suit for perpetual injunction.
This Regular First Appeal coming on for Admission this day, the Court made the following:
O R D E R Called again in the second round. Learned counsel for the appellant absent.
In this appeal of the year 2018, on several dates of hearing, learned counsel for the appellant remained absent.
A perusal of the order sheet would go to show that on 23.10.2018, 17.12.2018, 21.01.2019, 25.02.2019, 13.03.2019, 12.06.2019 and 16.07.2019 learned counsel for the appellant remained absent. He was present only on 02.01.2019. This Court on 16.07.2019 has made the following observations;
“Learned counsel or the appellant absent.
A perusal of the order sheet would go tot show that learned counsel for the appellant has remained absent on several occasions/dates of hearing. As such, before passing any further orders in the this appeal including dismissal of appeal for non- prosecution, as a last chance, a week’s time is granted.”
Even today also when the matter called in the second round, the appellant has not evinced any interest, as such, the appellant is not interested in prosecuting the matter.
Accordingly, appeal is dismissed for non- prosecution.
Sd/- JUDGE PN