Sri G P R Swamy vs Annayappa

                                           -1-
                                                 NC: 2023:KHC:25121
                                                   RFA No. 1011 of 2009




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 19TH DAY OF JULY, 2023

                                        BEFORE
                   THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
               REGULAR FIRST APPEAL NO. 1011 OF 2009 (DEC/INJ)

              BETWEEN:

              SRI G P R SWAMY
              S/O PAPIAH SETTY
              AGED ABOUT 50 YEARS
              R/AT NO.33/146, III BLOCK
              JAYANAGAR,BANGALORE-11.
                                                            ...APPELLANT
              (BY SRI. H N PRAKASH., ADVOCATE)
              AND:

              1.    ANNAYAPPA
                    S/O MUNIYAPPA @ NALAPPA
                    AGED ABOUT 86 YEARS
                    R/AT NO.13, III MAIN ROAD
                    BYRASANDRA EXTN, I BLOCK
                    EAST BANGALORE-11.
Digitally signed
by
DHANALAKSHMI 2.     SRI NARAYANA HOLLA
MURTHY              S/O SHESHAPPA HOLLA
Location: High      AGED ABOUT 67 YEARS
Court of
Karnataka           RESIDING IN OUT HOUSE PORTION OF
                    MAVALLI TIFFIN ROOMS
                    III CROSS, SIDDAIAH ROAD
                    BANGALORE-11.]

              3.    KRISHNA MURTHY SETTY
                    ABOUT 75 YEARS
                    JYOTHI KENDRA NIVAS
                    BYRASANDRA BUS STOP
                    I BLOCK, WESTBANGALORE
                                                         ...RESPONDENTS
                                    -2-
                                          NC: 2023:KHC:25121
                                             RFA No. 1011 of 2009




(BY SRI. B SATEESH., ADVOCATE FOR C/R1:
NOTICE TO R2 IS DISPENSED WITH V/O DATED: 28.06.2016:
APPEAL AGAINST R3 OS DISMISSED V/O DATED:28.06.2016)
     THIS RFA IS FILED UNDER SECTION 96 CPC AGAINST THE
JUDGMENT AND DECREE DATED:29.05.2009 PASSED IN
OS.NO.4554/1986 ON THE FILE OF THE XV ADDL. CITY CIVIL
JUDGE, BANGALORE CITY, DECREEING THE SUIT FOR
DECLARATION, POSSESSION AND INJUNCTION.

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

Mr.H.N.Prakash, learned counsel for the appellant submitted that his client has taken back the file and hence, he is unable to file paper book and he has no instructions in the matter.

Inspite of granting sufficient time on several occasions, the appellant has not filed paper book. Even the appellant has not engaged any other counsel. It appears that the appellant is not interested in prosecuting the case. Hence, the appeal is dismissed for non-prosecution.

Sd/-

JUDGE DM List No.: 1 Sl No.: 6