IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY R.F.A.No.344 OF 2015 BETWEEN:
Venkatesh S/o Late Chikkayellappa Aged 45 years, Residing at No.78, Vrushabadri Nilaya, Horamavu Agara Main Road, Kaveri Nagar, Vaddarapalya, Bengaluru-43. .. Appellant ( By Sri Chetan Nag S., Advocate ) AND:
1. Stanley Jacob Gangera, S/o I.D.Gangera Aged 62 years, R/at No.23, Chinnappa Garden, Bengaluru-46.
2. J.John Chellathurai, S/o John Nadar, Aged 65 years, R/at No.25, Dr.Kuvempu Road, Ramaswamy Palya, Bengaluru-33.
3. Narasimha, Aged 46 years, R/at No.31 & 36, House List No.292, Horamavu Agara Main Road, Kaveri Nagar, Vaddarapalya, Kaveri Nagar, Bengaluru-43. .. Respondents ( By Sri Janardhan G., Advocate for R-1, Appeal against Respondent No.2 is Dismissed vide Order dated 5.3.2019, Notice to Respondent No.3 is dispensed With vide Order dated 5.10.2015) This Regular First Appeal is filed under Section 96 read with Order 41 Rule 1 of CPC against the judgment and decree dated 20.11.2014, passed in O.S.No.25019/2008, on the file of XIII Addl.City Civil & Sessions Judge, Mayohall Unit, Bangalore, decreeing the suit for mandatory injunction and possession.
This Regular First Appeal coming on for Orders, this day, the Court made the following:
ORDER Called again.
None appear for the appellant.
2. In this appeal of the year 2015, in spite of granting several adjournments, still the appellant is not evincing any interest in prosecuting the appeal.
3. A perusal of the order sheet would go to show that on the previous date of hearing i.e., on 23.1.2019, 5.3.2019 and also on 11.3.2019, they have remained absent. This go to show that the appellant is not evincing any interest in prosecuting the matter.
As such, the Appeal stands dismissed for non-prosecution. Consequently, the pending interlocutory applications do not survive for consideration.
Sd/- JUDGE bk/