Smt B M Gowramma vs Sri S S Raju
2021 Latest Caselaw 861 Kant

                            -1-



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 13TH DAY OF JANUARY, 2021

                        BEFORE

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

          REGULAR FIRST APPEAL NO.1379/2012

BETWEEN:

SMT B.M.GOWRAMMA
W/O. LATE S.L.SATHYANARAYANA SETTY
AGED ABOUT 80 YEARS
NO.16, 'GOWRI'
H B SAMAJA LINK ROAD
GANDHI BAZAAR
BENGALURU-560 004                 ... APPELLANT
(BY SRI RAVI KUMAR N.R AND
SRI. G.ERRI SWAMY, ADVOCATES-ABSENT)

AND:

1.     SRI. S.S.RAJU
       S/O. LATE S.L.SATHYANARAYANA SETTY
       AGED ABOUT 58 YEARS
       NO.31/3 'NAGASHREE'
       4TH CROSS, 7TH BLOCK
       JAYANAGAR WEST, K R ROAD
       BENGALURU-560 082

2.     SRI. S.S.KUPENDRA
       S/O. LATE S.L.SATHYANARAYANA SETTY
       AGED ABOUT 48 YEARS
       PRESENTLY RESIDING AT
       NO.16, 'GOWRI'
       H B SAMAJA LINK ROAD
                                -2-



     GANDHI BAZAAR
     BENGALURU-560 004                   ... RESPONDENTS


(BY SRI D.ASWATHAPPA, ADVOCATE FOR R1-ABSENT
SRI. B.S.UJWAL, ADVOCATE FOR R2-ABSENT)

     THIS REGULAR FIRST APPEAL IS FILED UNDER
SECTION 96 OF CPC., AGAINST THE JUDGMENT AND
DECREE DATED 02.07.2012 PASSED IN O.S.5729/2000 ON
THE FILE OF THE XXXI-ADDITIONAL CITY CIVIL JUDGE,
BENGALURU    CITY,  DISMISSING   THE    SUIT   FOR
DECLARATION, RECOVERY OF MONEY AND PERMANENT
INJUNCTION.

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

                        JUDGMENT

This Court has granted repeated opportunities to the

appellant to file paper books, including a peremptory order

on 17.12.2019. However, paper books are not filed. Though

called twice, there is no effective representation. Sri. Ravi

Kumar N.R., learned counsel appears and submits that

Sri. G.Erri Swamy, the other learned Counsel on record for

the appellant is in charge of the appeal and he is unable to

contact him.

It is obvious from the aforesaid that the concerned is

not interested in prosecuting the appeal. Therefore, the

appeal stands dismissed for default.

SD/-

JUDGE

RB