IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL NO.1135 OF 2010 Between:
Sri.Lakshmana, S/o. Late. Venkataswamappa, Aged about 56 years, Residing at No.42, Ganesha Block, R.T.Nagara Post, Bengaluru-560 032. …Appellant (By Sri.D.S.Lingaraja Gowda Patil, Adv.,-Absent) And:
1. The Secretary, Ministry of Defence, Govt. of India, Raksha Bhavana, New Delhi, Represented by D.R.O.Kamaraj Road, Bengaluru-560 042.
2. The Commandant, Para Regiment Centre, J.C.Nagara, Bengaluru-560 006.
3. Padamanna, S /o.Late Venktaswamappa, R/o No.42, Ganesha Block, R.T.Nagara Post, Bengaluru-560 032. …Respondents (By Sri.Pradeep Singh, Adv., for R1 and R2; V/o dated 7.3.2018 appeal stands dismissed against R3) This RFA is filed under Section 96 of CPC against the judgment and decree dated: 3.12.2009 passed in OS No.15802/2001, on the file of the IV Addl. City Civil & Sessions Judge, Mayo Hall Unit, Bengaluru, (CCH 21), partly decreeing the suit for declaration & permanent injunction and dismissing the suit in respect of S.No.42 measuring 2 acres 30 guntas.
This RFA coming on for Orders, this day, the Court delivered the following:
O R D E R Appellants counsel is absent. He has not filed acknowledgement for having paid cost of Rs.250/-. On the last date also, counsel for the appellant was absent. Therefore, order dated 04.07.2018 does not come into effect. Appeal is dismissed.
Sd/- JUDGE Mgn*