IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO R.F.A.No.2040/2005 BETWEEN:
SRI PREMANATH S/O MUNIRAMAYYA HINDU, MAJOR, R/AT NO.80, LAKSHMIPURA VILLAGE BANNERGHATTA ROAD, JIGANI HOBLI, SAKALAVARA POST ANEKAL TALUK, BANGALORE DISTRICT. ..APPELLANT (BY SRI M MADHVACHAR, ADVOCATE -ABSENT) AND:
1 . RADHA D/O MUNIRAMAYYA HINDU, MAJOR, R/AT NO.150/2, 8TH CROSS, 24TH MAIN, HSR LAYOUT, BANGALORE-560 035 2 . SRI LAKSHMIKANTH S/O MUNIRAMAYYA HINDU, MAJOR, R/AT NO.150/2, 8TH CROSS, 24TH MAIN, HSR LAYOUT, BANGALORE-560035 ..RESPONDENTS (BY SRI G B NANDISH GOWDA, ADVOCATE FOR SRI R B SADASIVAPPA FOR R-1, SRI N.S.SANJAY GOWDA, ADVOCATE FOR R-2) THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 AND 2 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 26.10.2005 PASSED IN O.S.NO.418/98 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE (SR.DN), BANGALORE RURAL DISTRICT, BANGALORE, PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS RFA COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Counsel for appellant absent. No representation.
Counsel for respondent No.1 present.
Matter is of the year 2005 in terms of the present appeal and of the year 1998 in terms of the original suit. It is listed for final hearing that was notified well in advance. It appears that appellant is not interested in prosecuting the appeal. Appeal is dismissed for non-prosecution.
Sd/- JUDGE SBN