IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26th DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO R.F.A.No.1122/2005 C/W R.F.A.No.1123/2005 IN RFA No.1122/2005 BETWEEN:
SRI VIRUPAKSHACHARI S/O LATE V CHIKKACHARI SINCE DEAD BY LRs.
1(a)SMT.MANGALAMMA W/O LATE VIRUPAKSHACHARI AGED ABOUT 62 YEARS.
1(b) SMT.PRIAY D/O LATE VIRUPAKSHACHARI AGED ABOUT 42 YEARS.
1(c) SMT.ROOPA D/O LATE VIRUPAKSHACHARI AGED ABOUT 37 YEARS.
1(d) SMT.REKHA D/O LATE VIRUPAKSHACHARI AGED ABOUT 32 YEARS.
1(e) SMT. LAKSHMI D/O LATE VIRUPAKSHACHARI AGED ABOUT 32 YEARS.
1(f) SMT. VANI D/O LATE VIRUPAKSHACHARI AGED ABOUT 29 YEARS.
1(g) SMT.GAYATHRI D/O LATE VIRUPAKSHACHARI AGED ABOUT 28 YEARS.
ALL ARE R/O No.10/1, 12TH CROSS, RANGASWAMY TEMPLE STREET BANGALORE – 560 053.
(BY SRI R S RAVI, ADVOCATE) AND:
1. SRI D KANNACHARI SINCE DEAD BY HIS LRs.
1(a) SHIVA GOWRI D/O LATE KANNACHARI AGED ABOUT 50 YEARS R/A No.22/7, 22ND CROSS KILARI RAOD, BANGALORE.
1(b) VISHWANATHA D/O LATE KANNACHARI AGED ABOUT 34 YEARS R/AT No.34/1 ANANDAPPA LANE CHIKPET CROSS BENGALURU.
1(c) VISHALU D/O LATE KANNACHARI AGED ABOUT 38 YEARS.
1(d) SHANTHI D/O LATE KANNACHARI ...APPELLANTS AGED ABOUT 37 YEARS.
1(e) BHAGYA D/O LATE KANNACHARI AGED ABOUT 31 YEARS 1(a) TO 1(c) ARE RESIDING AT No.227/7, 22ND CROSS KILARI ROAD, BANGALORE.
... RESPONDENTS (BY SRI PRABHUGOUD TUMBAGI, ADVOCATE FOR R-1(a to e)) THIS RFA IS FILED U/S 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED:31.3.2005 PASSED IN OS. No.893/1991 ON THE FILE OF THE XV ADDITIONAL CITY CIVIL JUDGE, BANGALORE CITY, (CCH.No.3), DECREEING THE SUIT FOR MANDATORY INJUNCTION.
IN RFA No.1123/2005 BETWEEN:
VIRUPAKSHACHARI S/O LATE CHIKKACHARI AGED ABOUT 58 YEARS RESIDING AT No.10/1 12TH CROSS RANGASWAMY TEMPLE STREET, BANGALORE – 560 053.
...APPELLANT (BY SRI R S RAVI, ADVOCATE) AND:
1. SRI D KANNACHARI S/O DHARMACHARI SINCE DEAD BY HIS LRs.
1(a) SHIVA GOWRI D/O LATE KANNACHARI AGED ABOUT 50 YEARS R/A No.22/7, 22ND CROSS KILARI ROAD, BANGALORE.
1(b) VISHWANATHA D/O LATE KANNACHARI AGED ABOUT 46 YEARS R/AT No.34/1 ANANDAPPA LANE CHIKPET CROSS BENGALURU.
1(c) VISHALU D/O LATE KANNACHARI AGED ABOUT 38 YEARS.
1(d) SHANTHI D/O LATE KANNACHARI AGED ABOUT 37 YEARS.
1(e) BHAGYA D/O LATE KANNACHARI AGED ABOUT 31 YEARS RESPONDENTS1(a) TO 1(c) ARE RESIDING AT No.227/7, 22ND CROSS, KILARI ROAD BANGALORE.
AMENDED AS PER ORDER DTD.25.08.2009.
... RESPONDENTS (R-1 (a to e) SERVED-UNREPRESENTED) THIS RFA IS FILED U/S 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED:31.3.2005 PASSED IN OS. No.903/1991 ON THE FILE OF THE XV ADDITIONAL CITY CIVIL JUDGE, BANGALORE CITY, DECREEING THE SUIT FOR PERMANENT INJUNCTION.
THESE RFAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for appellants prays time. The matters were passed over in the first session. Since the matters are of the year 2005 in terms of the present appeals and of the year 1991 in terms of the original suits and listed for orders for non amendment of cause title, there is no justification for granting time and prayer for adjournment is rejected. The appeals are dismissed for non prosecution.
At this stage, learned counsel submits that the matters are listed for orders for non amendment of cause title and there is no impediment to go ahead with the case. His submission is placed on record.
Learned counsel for appellant for the reasons best known to him submits again at 4.35 p.m. when the Court is about to raise that he is ready to go ahead with the arguments despite the fact that the appeals were dismissed for non prosecution earlier. Understandably, the submission is made to place his readiness on record with definite understanding that the matters will not be taken up for arguments.
The submission of the learned counsel for appellants is placed on record. However, the order of dismissal of appeals for non prosecution made earlier prevails.
Sd/- JUDGE tsn*