B Nanjundaiah vs Sri N C Venkatachar
2021 Latest Caselaw 3544 Kant

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 27TH DAY OF OCTOBER, 2021

                            BEFORE

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

                     R.F.A.No.562 OF 2006

BETWEEN:

B. Nanjundaiah,
S/o. B. Krishnappa,
aged about 80 years,
Retd. Official of Industries and
Commerce Department,
Residing at No.101/15,
Industries & Commerce Layout,
16th Main Road, Vijayanagar,
Bangalore- 560 040.

since deceased represented by Legal Heir

a)     B.N. Venkatesh Murthy,
       S/o. B. Nanjundaiah
       aged about 58 years
       residing at JAYA No.807,
       Banashankari 3rd Stage,
       2nd Phase, 7th Block,
       (Hosakerehalli, On Ring Road)
       BANGALORE- 560085.

                                            ...Appellant
(By Sri. H.S. Dhanaraj, Advocate)

AND:

1.     Sri. N.C. Venkatachar,
       aged about 82 years,
       fathers name not known to
                                             R.F.A.No.562/2006

                               2



     the appellant, since deceased
     represented by LRs.

     a)    Sri. N.V. Raju,
           Major,
           S/o. Late N.C. Venkatachar

     b)    Sri. N.V. Ravikumar,
           Major,
           S/o. Late N.C. Venkatachar

     c)    Sri. Venkatsomachar,
           Major,
           S/o. Late N.C. Venkatachar

     d)    Sri. N.V. Seshacharya,
           Major,
           S/o. Late N.C. Venkatachar

2.   Corporation of City of Bangalore,
     by its Commissioner,
     Narasimharaja Square
     Bangalore - 560 002.

3.   The Asst. Executive Engineer,
     Binnypet Dn. B.C.C.
     Corporation Buildings,
     J.C. Road, Bangalore-2.
                                           ...Respondents

(By Sri. K.T. Gurudeva Prasad, Advocate,
 for R-1 (a) to R-1(d) and R-2 to R-3)

                              ****
      This R.F.A. is filed under Section 96 read with Order 41
Rule 1 of the Code of Civil Procedure, praying to call for the
records of O.S.No.4923/1994 and set aside the judgment and
decree dated 13-12-2005 passed by the XVI Additional City Civil
                                                         R.F.A.No.562/2006

                                   3



and Sessions Judge, Bangalore (Court Hall No.12), in the interest
of justice and equity.

      This R.F.A. coming on for Hearing, through Physical
Hearing/Video Conferencing Hearing, this day, the Court made
the following:

                               ORDER

None appear in the matter either physically or through

video conference. No reasons are forthcoming for the non-

appearance of the learned counsels for the parties.

On 02-09-2021, this Court had made the following

observation:

"This appeal was listed regularly before the Court. On 10.08.2021, none appeared. However, this Court had adjourned the matter to 23.08.2021. On 23.08.2021 also, none appeared on behalf of the parties.

Today also there is no representation on behalf of the parties.

This is the matter of the year 2006. It appears that the parties are not interested in prosecuting the matter. Particularly, the learned counsel for the appellant is not attending the Court regularly.

Hence, it is made clear that if the learned counsel for the appellant does not appear on the next date of hearing, the matter will be dismissed for non- prosecution.

List this matter on 16.09.2021."

R.F.A.No.562/2006

In spite of the above, when the matter was taken up on

16-09-2021, once again, there was no appearance from either

side in the matter. As such, it can be inferred that neither of the

parties are interested in prosecuting the matter, more

particularly, the appellant.

The appeal is of the year 2006, as such, one of the old

appeals of this nature pending in this Court. In view of the

above, the appeal stands dismissed for non-prosecution.

Sd/-

JUDGE

BMV*