IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO REGULAR FIRST APPEAL No.554/2006 BETWEEN:
Sri.Ram Iyengar, 60 years, S/o late Singaiah, No.319, Bazzar Street, Kengeri, Bangalore District.
(By Sri. M.V.Raghunathachar, Advocate - Absent) AND:
1. Sri.Lokanath K.R 36 years, S/o K.Ramabadraiah Shetty, No.58, 7/2, Sajjanrao Road, V.V. Puram,Bangalore – 4.
2. K.S.Raja Iyengar @ Raju, 65 years, S/o late Singaiah, R/at Agara Village, Thataguni Post, Kengeri Hobli, Bangalore South Taluk.
…Appellant 3. K.S.Sampath Iyengar @ Sampath Kumar, S/o late Singaiah, No.773, Kengeri Upanagar, Bangalore- 60, since death by Legal representatives.
3(a) Lakshminarasimhamma, 52 years, 3(b) K.S.Prakash, 40 years, 3(c) K.S.Gopi @ Gopinath, 37 years, 3(d) K.S.Yogananda, 32 years, (a) wife (b), (c) and (d) sons of late Sampath Kumar, No.773, II Main, Satellite Town, Kengeri, Now No.335, 5th Main Road, Kengeri Upanagara, Bangalore – 560 060.
3(e) Smt.Roopa, 26 years, W/o Dhruvaraj, D/o late Sampathkumar, Old 773, 2nd Main, Satellite Town, Kengeri, Bangalore – 60.
Now at No.781, 9th ‘B’ Main, R.P.C. Layout, Bangalore – 560 040.
3(f) Smt.K.S.Jayanthi, 29 years, Wife of Narayanaswamy, D/o Sampath Kumar, Chamanahalli Post, Maddur Taluk,Mandya District.
(By Sri.R.B.Sadasivappa, Advocate for R1, R2, R3(a to f) - served) …Respondents This Regular First Appeal is filed under Section 96 of CPC against the Judgment and decree dated 24.11.2005 in O.S.No.7303/1994 on the file of the XIV Addl. City Civil Judge at Bangalore (CCH No.28), dismissing the suit for possession.
This Regular First Appeal coming on for Hearing, this day, the Court delivered the following:
JUDGMENT Learned counsel for the appellant absent. No representation. The matter is of the year 2006 and the suit is of the year 1994. Thus the age of the suit is 25 years. Listing of the appeal was notified well in advance. It appears that the appellant is not interested in prosecuting the appeal. The appeal is dismissed for non-prosecution.
Sd/- JUDGE Psg*