IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL No.770 OF 2014 BETWEEN 1. Mrs. Thimmakka, Aged about 48 years, D/o. Late Thimmaiah, No.1508, Kodigehalli Main Road, B.B.Nagara, Sahakaranagara Post, Yelahanka Hobli, Bengaluru North Taluk, Bengaluru-92.
2. Mrs. Muni Thimmakka, Aged about 44 years, D/o. Late Thimmaiah, No.1507, Kodigehalli Main Road, B.B.Nagara, Sahakaranagara Post, Yelahanka Hobli, Bengaluru North Taluk, Bengaluru-92.
3. Mrs. Rajamma, Aged about 48 years, D/o. Late Thimmaiah, No.1504, Kodigehalli Main Road, B.B.Nagara, Sahakaranagara Post, Yelahanka Hobli, Bengaluru North Taluk, Bengaluru-92.
(By Sri. Chandraiah H.S., Advocate – Absent) …Appellants AND 1. Mrs. Asha Janardhan, Aged about 59 years, W/o. Dr. Janardhan Y.V., No.16, Allenby Lane, New Jersey 07076 USA By General Power of Attorney Holder Mr. Arakere Jayaram, S/o. A.Narasimhaiah, No.55, Block-5, Serpentine Road, Kumara Park West, Bengaluru.
2. Mr. Municannappa, Aged about 56 years, S/o. Late Thimmaiah, Gangasabhavani Road, Kodigehalli Village, Sahakaranagara Post, Yelahanka Hobli, Bengaluru North Taluk, Bengaluru-92.
3. Mr. Nagaraju, Aged about 46 years, S/o. Late Thimmaiah, No.173, Gangasabhavani Road, Kodigehalli Village, Sahakaranagara Post, Yelahanka Hobli, Bengaluru North Taluk, Bengaluru-92.
4. Mr. Thimmaraju @ Thimmarayappa, Aged about 41 years, S/o. Late Thimmaiah, No.170, Gangasabhavani Road, Kodigehalli Village, Sahakaranagara Post, Yelahanka Hobli, Bengaluru North Taluk, Bengaluru-92.
…Respondents (By Sri. Sadashivaiah K.G., Advocate for C/R-1, R2 to R4 are served, but unrepresented) This RFA is filed under Section 96 read with Order LXI Rule 1 of the CPC, against the judgment and decree dated 05.03.2014 passed in O.S.No.6408/2009 on the file of the V Additional City Civil Judge, Bengaluru, decreeing the suit for permanent injunction.
This RFA coming on for admission, this day, the court made the following:
ORDER Appellants’ counsel is absent. Counsel for respondent no.1 is present. On the last date also, appellants’ counsel was absent. Therefore, appeal is dismissed for non- prosecution.
Sd/- JUDGE ckl