Sri Rajendra Reddy @ B. Rajendra ... vs Sri Krishnareddy

        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 7TH DAY OF JANUARY 2021

                           BEFORE

         THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD

            REGULAR FIRST APPEAL NO. 46/2013

BETWEEN :

SRI RAJENDRA REDDY
@ B. RAJENDRA PRASAD
S/O BEDDAPPA
AGED ABOUT 47 YEARS
R/AT TUBARAHALLI VILLAGE
VARTHUR HOBLI
BANGALORE EAST TALUK
BENGALURU - 560 066.
                                           ... APPELLANT
(By SRI. V. ANAND., ADVOCATE (ABSENT))

AND :

1.      SRI KRISHNAREDDY
        S/O PATEL MUNIYAPPA
        SINCE DECEASED BY HIS LR's

1(a)    NAGAMMA @ NAGU
        W/O SRIRAM REDDY
        AGED AOBUT 34 YEARS
        THIRUPALYA
        HEBBAGODI ATTIBLE HOBLI
        ANEKAL TALUK
        BENGALURU - 560 099.
                             2



2.   SRI SAMPANGI REDDY
     AGED ABOUT 47 YEARS,

3.   SRI T.K.SADASHIVA @
     MUNICHOWDA REDDY,
     AGED ABOUT 50 YEARS,

4.   SRI SRINIVASA REDDY,
     AGED ABOUT 40 YEARS,

     SONS OF KRISHNAREDDY
     DEFENDANT NO. 1 TO 4
     R/AT THUBARAHALLI VILLAGE
     VARTHUR HOBLI
     BENGALURU EAST TALUK
     BENGALURU - 560 066.

5.   SMT.P.RAMASUBBAMMA
     W/O P. NARAYANAPPA,
     AGED ABOUT 50 YEARS
     R/AT BYRASANDRA LAYOUT,
     JAYANAGAR-I BLOCK,
     BENGALURU - 560 011.
     (RESPONDNET NO.5 DELETED VIDE ORDER
     DATED 03.02.2014)

6.   SRI THYAGARAHA
     S/O. LATE VENKATASWAMAPPA
     AGED ABOUT 50 YEARS
     R/AT NO.95, SIDDAPUR VILLAGE,
     VARTHUR HOBLI,
     BENGALURU EAST TALUK
     BENGALURU - 560 066.

7.   SRI N.A.MUNIREDDY,
     S/O ABBAIAH REDDY,
     AGED ABOUT 64 YEARS,
     R/AT DODDANEKUNDI,
                               3



       VARTHUR VILLAGE,
       BENGALURU EAST TALUK
       BENGALURU - 560 037.

8.     SRI M.R.MUNIREDDY
       DODDANEKUNDI
       AGED ABOUT 59 YEARS
       R/AT DODDANEKUNDI,
       VARTHU HOBLI,
       BENGALURUE EAST TALUK
       BENGALURU - 560 037.

9.     SRI T.P.DAYANANDAREDDY
       S/O PILLAREDDY,
       AGED ABOUT 50 YEARS
       R/AT NO.210, THUBARAHALLI VILLAGE,
       AIRPORT-VARTHUR ROAD,
       BENGALURU - 560 066.
                                         ... RESPONDENTS
(By SRI. P JAYARAMA REDDY., ADVOCATE FOR C/R2-R4;
     VIDE ORDER DATED 03.02.2014;
     R5 DELETED; R1(A) & R6 & R9-SERVED)



       THIS APPEAL IS FILED UNDER SECTION 96 OF THE CPC,
AGAINST THE JUDGMENT AND DECREE DATED 05.11.2012
PASSED IN O.S. 5083/2005 ON THE FILE OF V ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE
SUIT   FOR   DECLARATION,     PERMANENT   INJUNCTION   AND
MANDATORY INJUNCTION.

       THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                                4




                         JUDGMENT

None appears for the appellant. It is seen that this Court from 8.3.2018 onwards has granted repeated opportunities to the appellant to take necessary steps for ensuring that notice is served on respondent No.8 and the legal representatives of the deceased respondent No.7 are brought on record. In fact, peremptory orders are also made repeatedly stating that if steps are not taken the appeal shall be dismissed for non-prosecution. Despite these repeated opportunities over a period of almost two years the appellant has not either furnished requisites or taken necessary steps. It is obvious that the appellant is not interested in prosecuting the appeal. Therefore, the appeal stands dismissed for default.

SD/-

JUDGE nv