Sri J N Moses vs Sri Vidyanandan
2022 Latest Caselaw 2007 Kant

                           1




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 8TH DAY OF FEBRUARY, 2022

                        BEFORE

           THE HON'BLE MR.JUSTICE M.I.ARUN

              R.F.A No.1552/2013 (DEC)


BETWEEN:

SRI J N MOSES
S/O SRI N JOSEPH
AGED ABOUT 61 YEARS
RESIDING AT No.19
HORAMAVU AGARA VILLAGE
K.R.PURAM HOBLI
BANGALORE SOUTH TALUK
BANGALORE - 560 043.                 ... APPELLANT

(BY SMT.J MARY SUSHEELA, ADVOCATE -ABSENT)


AND:

1.     SRI VIDYANANDAN
       S/O LATE C.R.K.NAIR
       AGED ABOUT 53 YEARS
       RESIDING AT No.2, "MANJARI"
       VENKATAMMA LAYOUT
       SUBBAIYANA PALYA
       BANGALORE - 560 043.

2.     SMT. T SHIVAGAMI
       W/O P SOUNDIR PANDIAN
       AGED ABOUT 65 YEARS
       RESIDING AT No.20(87/1)
       HORAMAVU AGARA VILLAGE
                            2




     BABUSAB PALYA
     BANGALORE - 560 043.              ... RESPONDENTS

(BY SRI S M HANUMANTAGOUDA, ADVOCATE FOR C/R
 SRI S P KULAKARNI AND SRI SUBRAHMANYA P D,
 ADVOCATE FOR R1 & R2)

     THIS RFA IS FILED UNDER SECTION 96 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 15.7.2013
PASSED IN O.S.No.4555/2005 ON THE FILE OF THE XLIV
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BANGALORE, DISMISSING THE SUIT FOR DECLARATION,
POSSESSION.

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

                     JUDGMENT

The appeal is of the year 2013.

2. The original suit is of the year 2005.

3. It is seen that the advocate for appellant

has remained absent since last three occasions. Even

today, advocate for appellant is absent. It appears

that the appellant is not interested in prosecuting the

appeal.

Hence, the appeal stands dismissed for non-

prosecution.

Sd/-

JUDGE

SSD