Karnataka High Court
Smt Aruna vs Dr Naga Reddy on 31 July, 2024
Author: V Srishananda
Bench: V Srishananda
-1-
NC: 2024:KHC:30393
RFA No. 1317 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR FIRST APPEAL No.1317 OF 2021 (RES)
BETWEEN:
1. SMT. ARUNA
W/O SRI. PENCHAIAH
AGED ABOUT 52 YEARS
2. SMT. MANASA
D/O SRI. PENCHAIAH
AGED ABOUT 36 YEARS
APPELLANT NOS.1 AND 2
RESIDING AT PLATFORM ROAD
NEAR KRISHNA FLOOR MILL
SHESHADRIPURAM
BENGALURU-560 020
...APPELLANTS
Digitally (BY SRI. LOURDU MARIYAPPA A, ADVOCATE)
signed by
MALATESH AND:
KC
Location: 1. DR. NAGA REDDY
HIGH S/O YANKANNA GOWDA
COURT OF
KARNATAKA AGED ABOUT 44 YEARS
R/AT FLAT NO.117
RANKA NEST APARTMENT
FIRST FLOOR, FIRST BLOCK
35/1, KKS ROAD
OKALIPURAM
BENGALURU-560 020
2. SRI. SRIPATHY
S/O LATE PULLAIAH
-2-
NC: 2024:KHC:30393
RFA No. 1317 of 2021
AGED ABOUT 62 YEARS
R/AT NO.24, 1ST FLOOR
PLATFORM ROAD
NEAR KRISHNA FLOOR MILL
SHESHADRIPURAM
BENGALURU-560 020
3. SRI. VENKATACHALAPATHY
S/O LATE PULLAIAH
AGED ABOUT 58 YEARS
R/AT NO.12, GANGAMMA QUARTERS
PLATFORM ROAD
NEAR KRISHNA FLOOR MILL
SHESHADRIPURAM
BENGALURU-560 020
...RESPONDENTS
(BY SRI. SHARATH KUMAR SHETTY, ADVOCATE FOR R1)
THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE
1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED
06.04.2021 PASSED IN OS.NO.5226/2018 ON THE FILE OF THE
XLIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE
BENGALURU, DECREEING THE SUIT FOR POSSESSION AND
DAMAGES.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL JUDGMENT
None present on behalf of the appellants.
2. Matter was listed from yesterday to today. -3-
NC: 2024:KHC:30393 RFA No. 1317 of 2021
3. Learned counsel for the respondents has brought to the notice of the court that mesne profit ordered by the Trial Court in the impugned judgment and decree is not complied and, as on today, more than ₹9,00,000/- is pending towards mesne profit.
4. Time was granted from yesterday to today to make at least reasonable amount towards mesne profits.
5. Since none appears for the appellants, appeal stands dismissed for non prosecution.
Sd/-
(V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 46