N.A.Ananthraman S/O. N A V Naidu vs N.A. Ananth S/O. N A V Naidu
2021 Latest Caselaw 2692 Kant

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      IN THE HIGH COURT OF KARNATAKA
              DHARWAD BENCH

     DATED THIS THE 7TH DAY OF JULY, 2021

                      PRESENT

      THE HON'BLE MR. JUSTICE R.DEVDAS

                         AND

      THE HON'BLE MS. JUSTICE J.M.KHAZI

REGULAR FIRST APPEAL NO.100083/2018(PAR)

BETWEEN:

1.     N.A.ANANTHRAMAN
       S/O. N A V NAIDU
       AGE ABOUT 80 YEARS,
       R/O. NAIDU BUILDING,
       ROAD NO.4, KESHWAPUR,
       HUBBALLI-580023.

2.     N A SRINIVAS
       S/O. N A ANANTHARAMAN,
       AGE ABOUT 56 YEARS,
       R/O. NAIDU BUILDING,
       ROAD NO.4, KESHWAPUR,
       HUBBALLI-580023.

3.     N A RAJENDRA
       S/O. N A ANANTHARAMAN,
       AGE ABOUT 51 YEARS,
       R/O. NAIDU BUILDING,
       ROAD NO.4, KESHWAPUR,
       HUBBALLI-580023.
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4.     N A SASIKALA
       D/O. N A ANANTHARMAN
       AGED ABOUT 58 YEARS, R/O. 41/22,
       6TH STREET,A K SWAMY NAGAR,
       KILPAUK, CHENNAI-10.

5.     N A BHARATHI
       D/O. N A ANANTHRAMAN
       AGED ABOUT 54 YEARS,
       R/O. H.NO.5, SAI BAKTHA RESIDENCY,
       J P NAGAR, 8TH PHASE,
       BENGALURU-560076.

6.     N A GEETHA D/O. N A ANATHRAMAN
       AGE ABOUT 48 YEARS,
       R/O. 66/102, 5TH MAIN ROAD,
       PADMANABHA NAGAR,
       ADYAR, CHANNAI-20.

       APPELLANTS NO.4, 5 AND 6 ARE REPRESENTED BY
       THEIR GPA HOLDER APPELLANT NO.1.

                                            ...APPELLANTS

(BY SRI. G MEERA BAI & GUNDAPPANAVAR, ADVOCATES)
(ABSENT)

AND:

1.     N. A. ANANTH
       S/O. N A V NAIDU
       AGED ABOUT 77 YEARS,
       R/O. H,NO,80 SMALL SCALE INDUSTRIAL AREA,
       5TH BLOCK, RAJAJINAGAR,
       BENGALURU-560010.

2.     N A LAKSHMI BAI
       W/O. N A ANANTH
       AGE ABOUT 69 YEARS,
       R/O. C-902, BRIGADE GATEWAY
       YESHWANTUPUR, BENGALURU-560022.
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3.   N A BHOJRAJ
     S/O. N A ANANTH
     AGE ABOUT 49 YEARS,
     R/O. NO.64, 3RD FLOOR,
     RAILWAY PARALLEL ROAD,
     KUMAR PARK WEST,
     BENGALURU-560020.

4.   N A VYASHALINI RAMANNA
     W/O. LATE N A RAMANNA
     AGE ABOUT 38 YEARS,
     R/O. NEW NO.97, OLD NO.136,
     3RD FLOOR, RAILWAY PARALLEL ROAD,
     KUMARA PARK WEST,
     BENGALURU-560020.

                                         ...RESPONDENTS

(BY SRI. J M PATIL, G S HUDDAR & V. F. KALLIMATH,
ADVOCATES FOR R1, 2 & 4; R3 - SERVED)
                          ---

     THIS RFA IS FILED UNDER SECTION 96 FILED UNDER
ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND
DECREE DATED 16.02.2017 PASSED IN O.S.NO.327/2015 ON
THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND
JUDICIAL MAGISTRATE FIRST CLASS, HEBBALLI, ALLOWING
THE APPEAL FILED UNDER SECTION 8 OF THE ARBITRATION
AND CONCILIATION ACT R/W. ORDER 7 RULE 11(d) OF CPC.


     THIS APPEAL COMING ON FOR ORDERS THIS DAY,
R.DEVDAS J., MADE THE FOLLOWING:
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                                ORDER

R.DEVDAS J., (ORAL):

On 17.06.2021, the following order was passed:

"Matter is called out. There is no representation for the appellants.

It is seen from the order sheet that there has been no representation for the appellants on 07.04.2021, when the matter was listed for the first time and thereafter on 31.05.2021. The matter is of the year 2018 and the appeal has been filed along with the application for condonation of delay of 275 days. As a last opportunity, the matter stands adjourned by a week.

Re-list this matter on 24.06.2021. If there is no representation for the appellants on the next date of hearing, the matter would be dismissed for non-compliance."

On 24.06.2021, there was no representation for either

of the parties. Today too there is no representation for either

of the parties.

It appears that the appellant has lost interest in the

matter.

Consequently, the appeal stands dismissed for non-

prosecution.

Sd/-

JUDGE

Sd/-

JUDGE gab