B R Nagaraj vs Sri B A Nagabhushana Gupta
2021 Latest Caselaw 615 Kant

                              -1-



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 11TH DAY OF JANUARY, 2021

                        BEFORE

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

           REGULAR FIRST APPEAL NO. 629/2012

                          C/W.

           REGULAR FIRST APPEAL NO. 628/2012

IN RFA 629/2012:

BETWEEN:

1.     B. R. NAGARAJ
       S/O LATE B. L. RAMALINGA SHETTY
       AGED ABOUT 60 YEARS,

2.     SMT. B.N. RASHIMI
       W/O B. R. NAGARAJ
       AGED ABOUT 53 YEARS,

       PRESENTLY BOTH R/AT NO.7,
       100 FEET RING ROAD,
       BTM LAYOUT, BENGALURU - 560 076.
                                      ... APPELLANTS

(BY SRI. K. A. PRAKASH, ADVOCATE (ABSENT))

AND:

1.     SRI B. A. NAGABHUSHANA GUPTA
       S/O B. V. ASHWATHANARYANA SETTY
       AGED ABOUT 78 YEARS
       R/AT NO.7,7,67, V. D. ROAD,
                             -2-



     HINDUPUR, ANANTHAPURA DISTRICT A.P.
     & C/O V. K. DWAKARAKANATH
     NO.2/12, II CROSS, SHANKARAPURAM
     BENGALURU - 560 004.

2.   M/S RAJASHREE TRADING COMPANY
     REP.BY ITS MANAGING PARTNER
     SRI B. S. SRINIVASMURTHY
     NO.10, 1ST CROSS HANUMANTHANAGAR,
     BENGALURU - 19.

3.   SMT. B.S. JAMUNA
     W/O B. S. SRINIVASMURTHY
     AGED ABOUT 54 YEARS
     PRESENTLY R/AT NO.10, 1ST CROSS,
     HANUMANTHNAGAR,
     BENGALURU - 560 019.
                                        ... RESPONDENTS
(R1, R2 & R3 SERVED - UNREPRESENTED)

     THIS REGULAR FIRST APPEAL IS FILED UNDER
SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE
DATED 09.12.2011 PASSED IN O.S. NO.4114/2002 ON THE
FILE OF THE III ADDL. CITY CIVIL JUDGE, BENGALURU,
PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY.

IN RFA 628/2012:

BETWEEN:

1.   B. R. NAGARAJ
     S/O LATE B. L. RAMALINGASHETTY
     AGED ABOUT 60 YEARS,

2.   B.N. NITINKUMAR
     S/O B.R. NAGARAJ
     AGED ABOUT 34 YEARS,
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       BOTH ARE RESIDING AT NO.7,
       100 FEET RING ROAD,
       BTM LAYOUT, BENGALURU - 560 076.
                                      ... APPELLANTS

(BY SRI. K. A. PRAKASH, ADVOCATE (ABSENT))

AND:

1.     SMT. M. SUSHEELAMMA
       W/O M. A. RADHAKRISHNA
       AGED ABOUT 50 YEARS
       R/AT SASTHIR STREET
       MADANAPALLI TOWN
       CHITTUR DISTRICT
       ANDHARAPRADESH.

2.     M/S. RAJASHREE TRADING COMPANY
       REP.BY ITS MANAGING PARTNER
       SRI B. S. SRINIVSMURTHY,
       NO.10, 1ST CROSS
       HANUMANTHANAGAR,
       BENGALURU - 19.

3.     SRI B. S. SRINIVASMURTHY
       S/O LATE B. L. SATHYANARAYANASHETTY
       AGED ABOUT 61 YEARS,

4.     SRI B. S. VINAY
       S/O B S SRINIVASMURTHY.
       AGED ABOUT 36 YEARS,

       BOTH ARE RESIDING AT NO.10,
       1ST CROSS, HANUMANTHNAGAR,
       BENGALURU - 560 019.
                                        ... RESPONDENTS

(BY SRI.RAJAGOPALA NAIDU, ADVOCATE FOR R.3 (ABSENT);
    R1,R2 & R4 ARE SERVED)
                                -4-



     THIS REGULAR FIRST APPEAL IS FILED UNDER
SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE
DATED 07.12.2011 PASSED IN O.S. NO.4723/2002 ON THE
FILE OF THE XXX ADDL. CITY CIVIL JUDGE, BENGALURU,
DECREEING THE SUIT FOR RECOVERY OF MONEY.

    THESE REGULAR FIRST APPEALS COMING ON FOR
ADMISSION THIS DAY, THE COURT DELIVERED THE
FOLLOWING:

                         JUDGMENT

None appears for the appellants though called twice

during the course of the day. This Court on 10.12.2019

has also recorded the absence on behalf of the appellants.

It could be reasonably inferred that the concerned are not

interested in prosecuting the appeals. Therefore, the

appeals are dismissed for default.

SD/-

JUDGE

SA Ct:sr