Smt Vijaya vs Sri Sadashivaiah
2021 Latest Caselaw 6311 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 16TH DAY OF DECEMBER, 2021

                       BEFORE

THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY

               R.F.A.No.1623 OF 2018

BETWEEN:

SMT.VIJAYA
W/O LATE N.NARASIMHA
AGED ABOUT 55 YEARS
RESIDING AT NO.30,
1ST MAIN ROAD
BENGALURU-560 096
REPRESENTED BY HER
P.A.HOLDER
RAGHAVENDRA N.                         ..APPELLANT

(BY SRI.VENKATESH G. & KLE MANJUNATH, ADVOCATES)

AND:

1.     SRI.SADASHIVAIAH
       S/O LATE SIDDALINGAPPA
       AGED ABOUT 63 YEARS,
       RESIDING AT NO.19/1,
       BASAVESHWARA NILAYA
       SAMPANGIRAMAIAH LAYOUT,
       1ST CROSS, 1ST MAIN,
       BENGALURU-560 073.

2.     SMT.NIRMALA
       W/O G.MADANAGOPAL
       AGED ABOUT 68 YEARS
                                             RFA No. 1623/2018
                               2


      RESIDING AT NO.99/6,
      2ND FLOOR, MANGALA NURSING HOME,
      MUNISWAMY ROAD,
      M.S.NAGAR
      BENGALURU-560 033            ..RESPONDENTS

      THIS RFA IS FILED UNDER SECTION 96, ORDER XLI
RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE
DATED 09.03.2018 PASSED IN O.S.NO.1891/2014, ON
THE FILE OF THE XVIII ADDITIONAL CITY CIVIL JUDGE,
BENGALURU (CCH NO.10), DECREEING THE SUIT FOR
PERPETUAL INJUNCTION.

     THIS R.F.A. COMING ON FOR ORDERS, THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:

                             ORDER

None appeared in this matter either physically in the

Court or through video conference. No reasons are

forthcoming for non-appearance of the learned counsel for

the appellant.

2. A perusal of the order sheet would go to show

that this appeal is of the year 2018. Inspite of granting

several and sufficient opportunities, even as finally and

also as a last chance, the appellant has neither complied

the office objections nor shown any reasons for RFA No. 1623/2018

non-compliance of office objections nor even shown

reasons for his non-appearance today. As such, the

Appeal stands dismissed for non-compliance of office

objections as well for non-prosecution.

Sd/-

JUDGE

MBB