IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO R.F.A.No.24/2006 C/W R.F.A.No.726/2003 R.F.A.No.24/2006:
BETWEEN:
V MURALI S/O G VENKATAPPA AGED ABOUT 20 YEARS, RA/T KATRIGUPPA VILLAGE BANGALORE SOUTH TQ., BENGALURU- 85. ..APPELLANT (BY SRI T M VENKATA REDDY, ADVOCATE-ABSENT) AND:
1 . SMT M MAITHILIAMMAL W/O LATE MURUGESHAM NAIKAR MAJOR IN AGE, R/ATN O.1121/B-1,III MAIN ROAD, 1ST CROSS,VIJAYANAGAR, BENGALURU-40.
2 . K JAYACHANDRAN MAJOR IN AGE, FATHER'S NAME NOT KNOWN, R/AT NO."C" 87, 1ST MAIN, RAMACHANDRAPURAM, BENGALURU-21.
3 . SRI G VENKATAPPA S/O LATE GANGAPPA AGED ABOUT 56 YEARS, R/AT NO.20TH CROSS, K R ROAD, BSK II STAGE, BENGALURU- 70.
4 . SRI K V SRINIVAS S/O SRI G VENKATAPPA AGED ABOUT 30 YEARS, R/AT KATRIGUPPA VILLAGE, UTTATAHALLI HOBLI BANGALORE SOUTH TQ., BENGALURU-560 085. ..RESPONDENTS (BY SRI B N SHETTY, ADVOCATE FOR C/R1 & R2, APPEAL AGAINST R-3 IS ABATED VIDE ORDER DATED 23.03.2017, NOTICE TO R-4 DISPENSED WITH VIDE ORDER DATED 29.08.2006) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 27.10.2005 PASSED IN O.S.NO.2412/1993 BY THE XXII ADDITIONAL CITY CIVIL JUDGE, BENGALURU, DISMISSING THE SUIT WITH COSTS FOR PARTITION AND SEPARATE POSSESSION AND FOR PERMANENT INJUNCTION.
R.F.A.726/2003: BETWEEN:
G VENKATAPPA S/O LATE GANGAPPA AGED ABOUT 70 YEARS, R/A NO.2342, 12TH CROSS, K R ROAD, B S K 2ND STAGE, BENGALURU -70. ..APPELLANT (BY SRI M HANUMANTHAIAH, ADVOCATE -ABSENT) AND:
SMT M MAITHILIYAMMAL D/O LATE MURUGESAMNAIKAR, AGED ABOUT 52 YEARS, R/A NO.1121/B1, 3RD MAIN,1ST CROSS, VIJAYANAGARA, BENGALURU -40. ..RESPONDENT (BY SRI B N SHETTY, ADVOCATE FOR C/R) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 31.01.2003 PASSED IN O.S.NO.6335/1991 BY THE XI ADDITIONAL CITY CIVIL JUDGE, BENGALURU, DECREEING THE SUIT FOR SPECIFIC PERFORMANCE AND PERMANENT INJUNCTION.
THESE RFAs COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Counsel for appellants absent. No representation. Counsel for respondents present.
It appears that appellants are not interested in prosecuting the appeals. Appeals are dismissed for non-prosecution.
Sd/- JUDGE SBN