IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO R.F.A.No.205/2006 BETWEEN:
SRI S MAHESH S/O LATE SRI M SAMPATH KUMAR @ RAJANNA AGED ABOUT 35 YEARS R/AT No.22 SANGAM ROAD SHIVANCHETTY GARDEN BANGALORE – 560 042. ...APPELLANT (BY SRI K ABHINAV ANAND, ADVOCATE) AND:
1. SMT. LALITHA D/O LATE SRI MUNIYAPPA AND W/O SRI T CHIKKANNA AGED 60 YEARS RESIDING AT No.18 2ND CROSS, II BLOCK MARUTHI SEVANAGAR NAGAYYANAPALYA DR.SHANTHA KUMAR LAYOUT BANGALORE – 560 033.
2. SRI M SRINIVASA S/O LATE SRI MUNIYAPPA AGED ABOUT 64 YEARS.
3. SRI M NARAYANA S/O LATE SRI MUNIYAPPA AGED ABOUT 62 YEARS 4. SMT. AKKAMMA @ SHANTAMMA W/O LATE SRI M SAMPATH KUMAR @ RAJANNA AGED ABOUT 42 YEARS RESPONDENTS 2 TO 4 ARE RESIDING AT No.18 (OLD) NEW No.22, SANGAM ROAD SHIVANCHETTY GARDEN BANGALORE – 560 042.
5. SMT. SHARADA D/O LATE SRI MUNIYAPPA AND W/O LATE SRI B.S.SRINIVAS AGED ABOUT 66 YEARS R/AT No.119 8TH CROSS 4TH MAIN, CHAMARAJAPET BANGALORE – 560 018. ...RESPONDENTS (APPEAL AGAINST R-1 ABATED V/O DTD.1.12.2014 APPEAL AGAINST R-2 DISMISSED AS ABATED V/O DTD. 30.11.2012, R-3 & R-4 SERVED UNREPRESENTED) THIS RFA IS FILED U/O 41 R/W SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED:6.12.2005 PASSED IN O.S.No.9522/2001 ON THE FILE OF XXII ADDITIONAL CITY CIVIL JUDGE, BANGALORE (CCH No.7) DECREEING THE SUIT FOR PARTITION AND SEPERATE POSSESSION.
THIS RFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for appellant Sri. K.Abhinav Anand, submits that appellant has taken back the brief in the year 2007 and thereafter, not returned. Matter is of the year 2006 in terms of the present appeal and of the year 2001 in terms of the original suit. It appears that the appellant is not interested in prosecuting the matter. Hence, the appeal is dismissed for non-prosecution.
Sd/- JUDGE tsn*