IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO R.F.A.No.264/2006 BETWEEN:
SRI S NARAYANAPPA S/O SRI SANNAPPAIAH AGED ABOUT 65 YEARS AT No.36 GANGAMMA TEMPLE STREET JORIPET BANGALORE – 560 002.
...APPELLANT (BY SRI GNANOBA, ADVOCATE - ABSENT) AND:
1. SMT. THIMMAKKA @ LAKSHMAMMA SINCE DECEASED BY HER L.R. NARAYANASWAMY 38, CHICKKANNAMMA TEMPLE ST. JORIPET, BANGALORE – 2.
2 . THE COMMISSIONER BANGALORE CITY CORPORATION BANGALORE – 2.
3 . THE ASST. EXECUTIVE ENGINEER BANGALORE CITY CORPORATION BANGALORE – 2.
…RESPONDENTS (BY SRI R P SOMASHEKARAIAH, ADVOCATE FOR R-1) 2 THIS RFA IS FILED U/O 43 RULE OF CPC AGAINST THE JUDGMENT AND DECREE DATED.15.09.2005 PASSED IN O.S.No.1460/1994 ON THE FILE OF THE XXVII ADDITIONAL CITY CIVIL JUDGE, BANGALORE, DISMISSING THE SUIT FOR MANDATORY INJUNCTION.
THIS RFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Case called for the second time. Counsel for the appellant absent. No representation. Appeal is of the year 2006 and of the year 1994 in terms of the original suit. Considering the age and stage of the matter, it is not proper to adjourn further. It appears, the appellant is not interested in prosecuting the matter. Hence, the appeal is dismissed for non-prosecution.
Sd/- JUDGE tsn*