IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO R.F.A.No.683/2006 BETWEEN:
1 . SRI LATE VISHWANATH DEAD BY HIS LRs.
2. SRI CHANDRASEKHAR S/O LATE HUTCHANNA AGED ABOUT MAJOR.
3. SMT. NAGAMANI D/O LATE HUTCHANNA AGED ABOUT MAJOR.
4. SRI SRIDHARA D/O LATE HUTCHANNA 5. SMT. INDRA D/O LATE HUTCHANNA 6. SMT. RENUKAMMA W/O LATE HUTCHANNA AGED ABOUT MAJOR.
APPELLANT 1(a) 1(e) IS RESIDING AT No.7 PANDURANGANGARA TUMKUR – 572 120.
...APPELLANTS (BY SRI G DEVARAJ, ADVOCATE - ABSENT) AND:
1 . SRI RUPAKALA D/O NOT KNOWN AGED ABOUT MAJOR R/AT BANASHANKARI TEMPLE KUNIGAL ROAD,TUMKUR – 572 120.
2 . SRI HIRIYANNA AGED ABOUT MAJOR R/AT S.No. 57/6,MARALUR TUMKUR TALUK – 572 120.
3 . SRI NATARAJU AGED ABOUT MAJOR GUNNY BAG BUSINESS No.57/6 MARALUR TUMKUR TALUK – 572 120.
4 . SRI PAPANNA DEAD BY HIS LRS 5. SMT. THAYAMMA W/O LATE PAPANNA 6. SRI NATARAJU S/O LATE PAPANNA BOTH ARE R/AT MARALUR, TUMKUR TALUK.
7. SRI JOHN PRABHAKAR S/O JOSAYAPPA AGED ABOUT MAJOR MARALUR, KUNIGAL ROAD, TUMKUR – 572 120.
8. SRI GAFFAR AGED ABOUT MAJOR R/AT PROP: MILITARY HOTEL R/AT BEHIND CHRISTIAN STREET, PANDURANGANAGARA TUMKUR – 572 120.
... RESPONDENTS (BY SRI S MAHESH, ADVOCATE FOR R-1 NOTICE TO R-2 , R-3 AND R-5 TO R-7 ARE DISPENSED WITH V/O DTD.25.02.2013 R-4 AND R-8 ARE SERVED- UNREPRESENTED) THIS RFA IS FILED U/S 96 R/W ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 12.10.2000 PASSED IN O.S.No.5/90 ON THE FILE OF THE PRINICIPAL CIVIL JUDGE (SR.DN) AND CJM, TUMKUR, DECREEING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION.
THIS RFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Case called for the third time. Counsel for the appellants absent. No representation. Appeal is of the year 2006 and of the year 1990 in terms of the original suit and posted for Hearing. Considering the age and stage of the case, it appears that the appellants are not interested in prosecuting this case. Hence, the appeal is dismissed for non-prosecution.
tsn* Sd/- JUDGE