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NC: 2023:KHC:21195
RFA No. 1266 of 2008
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
REGULAR FIRST APPEAL NO. 1266 OF 2008 (PAR)
BETWEEN:
1. SMT A S UMA DEVI
D/O A B SURYA AND
W/O SRI PRABHAKAR
AGED ABOUT 40 YEARS
R/A NO.496, 17TH CROSS
4TH PHASE, J.P.NAGAR
BANGALORE 560011.
2. SMT A S NALINI
W/O SRI VENKAT REDDY
AGED ABOUT 36 YEARS
R/A NO.188, 10TH CROSS
WILSON GARDEN
BANGALORE-560027.
Digitally signed 3. SMT A S SANDHYA
by W/O SRI SRINATH
DHANALAKSHMI
MURTHY AGED ABOUT 28 YEARS
Location: High R/A NO.786, 17TH B MAIN ROAD
Court of 5TH BLOCK, RAJAJINAGAR
Karnataka BANGALORE-560010.
...APPELLANTS
(BY SRI. C S HASHIM SAEED.,ADVOCATE &
SRI. N V MANJUNATH, ADVOCATE [ABSENT])
AND:
1. SRI A B SURYA
S/O A M BALAPPA
AGED ABOUT 65 YEARS
R/A CORPORATION NO.29
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NC: 2023:KHC:21195
RFA No. 1266 of 2008
GOLDEN NEST APARTMENT
FLAT NO.005, GRAMADEVATA ROAD
ADUGODI, BANGALORE-560037.
2. A S JYOTI W/O SRI LAKSHMAN
AGED ABOUT 26 YEARS
R/A NO.82, 6TH CROSS
AGRA SARJAPURA ROAD
BANGALORE 560003.
3. SMT A S PREMA
W/O SRI VENKATESH
AGED ABOUT 30 YEARS
R/A NO.1, ANJANEYA TEMPLE ROAD
DEVASANDRA, R.M.V.2ND STAGE
BANGALORE-560094.
4. SMT A S USHA RANI
W/O SRI RAVIKUMAR
AGED ABOUT 36 YEARS
R/A NO.33, SSRS ILLAM
MOUNT PLEASANT COONOOR
OOTY-643002.
5. SMT A S ANURADA
W/O NARASIMHA MURTHY
AGED ABOUT 34 YEARS
R/A MAMATHALAYA
108, 5TH CROSS
1ST STAGETEACHERS COLONY
BANGALORE-560078.
6. SRI C SATHYANARAYANA
S/O SRI A B CHIKKAMUNIAVALAPPA
AGED ABOUT 40 YEARS
R/A NO.6, IIND MAIN
ADUGODI,BANGALORE-560030.
7. M/S SALARPURIYA PROPERTIES PVT LTD
(BUILDERS & DEVELOPERS)
NOS.100, K.H.ROAD
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NC: 2023:KHC:21195
RFA No. 1266 of 2008
BANGALROE 560027
REP BY ITS MANAGING DIRECTOR
SRI BALAJI AGARWAL
...RESPONDENTS
(BY SRI. NARAYANA REDDY M.,ADVOCATE FOR R1:
SRI. K.N. VENKATESH, ADVOCATE FOR R2 & R3:
SRI. CHANNAKESHWARA REDDY, ADVOCATE FOR R4 & R5:
SRI. M.J. ALVA, ADVOCATE FOR R6:
NOTICE TO R7 SERVED & UNREPRESENTED)
THIS RFA IS FILED UNDER SECTION 96 CPC AGAINST
THE JUDGMENT AND DECREE DATED:2.4.2008 PASSED IN
OS.NO. 7789/2002 ON THE FILE OF THE XXXVIII ADDL.CITY
CIVIL JUDGE, BANGALORE, NEGATIVELY ANSWERING ISSUE
NO.1 AND DISMISSING THE SUIT IN VIEW OF THE FINDINGS
GIVEN ON ISSUE NO.1.
THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
On 16.6.2023, when the matter was called out, none appeared for the appellants. Hence, as a last chance, the matter was ordered to be listed on 19.6.2023 on top of the list for orders. Even on 19.6.2023, none appeared for the appellants and hence the matter was ordered to be listed on 20.6.2023 on top of the list under the caption 'for dismissal'.
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NC: 2023:KHC:21195 RFA No. 1266 of 2008 Even today when the matter was called out, none appeared for the appellants. It appears that the appellants are not interested in prosecuting the case. Hence, the appeal is dismissed for non-prosecution.
Sd/-
JUDGE DM List No.: 1 Sl No.: 1