Sri B C Naryanappa vs Smt Jyotsnaben Manohardas Valia
2022 Latest Caselaw 2468 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 15TH DAY OF FEBRUARY, 2022

                      BEFORE

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

            R.F.A. NO.904 OF 2006 (DEC)

BETWEEN:

SRI B C NARYANAPPA
S/O LATE CHIKKAMUNISWAMAPPA
AGED ABOUT 67 YEARS
R/AT NO 142, 4TH CROSS
NAGAPPA BLOCK
SRIRAMPURAM
BANGALORE-560 021

SINCE DEAD BY LRs

1.    SRI.N.SURESH KUMAR
      AGED ABOUT 34 YEARS
      S/O LATE B.C.NARAYANANAPPA

2.    SRI. N. SHIVAKUMAR
      AGED ABOUT 29 YEARS
      S/O LATE NARAYANAPPA

3.    SMT. N. SAVITHRAMMA
      AGED ABOUT 50 YEARS
      W/O NARAYANASWAMY

4.    SMT. N. RUKMINI
      AGED ABOUT 48 YEARS
      W/O MUNIRAJU
                           2



5.     SMT. N. HEMAVATHI
       AGED ABOUT 40 YEARS
       W/O MUNIYAPPA

6.     SMT. N. LEELAVATHI
       AGED ABOUT 32 YEARS
       W/O ANANDA REDDY

7.     SMT. SHARADAMMA
       AGED ABOUT 70 YEARS
       W/O LATE B.C.NARAYANAPPA

       ALL ARE R/AT C/O
       AT NO.142, 4TH CROSS
       NAGAPPA BLOCK, SRIRAMPURA
       BANGALORE - 560 021

       (AMENDMENT CARRIED OUT
       AS PER COURT ORDER DATED 09.02.2009)

                                      ... APPELLANTS

(BY SRI.M.S.NARAYANA RAO, ADV. [ABSENT])

AND:

1.     SMT JYOTSNABEN MANOHARDAS VALIA         VIDE COURT ORDER
       W/O MANORDAS VALIA                      DATED 20.09.2010
       R/AT NO 46, 4TH CROSS                   APPEAL STANDS
                                               DISMISSED
       GANDHI NAGAR
                                               AGAINST R-1
       BANGALORE-560 009

2.     SRI C MANI
       R/AT NO 116,
       4TH CROSS, SAIBABA NAGAR
       SRIRAMPURAM BANGALORE-21
                          3



3.   SRI RAJENDRA
     R/AT NO 68, 1ST CROSS
     ROBERTSON BLOCK
     SRIRAMPURAM
     BANGALORE-560 021

4.   SRI YETHIRAJ
     R/AT NO 144, NEW NO.37
     4TH CROSS NAGAPPA BLOCK
     SRIRAMPURAM BANGALORE-560 021

5.   SRI CHAKRAPANI
     R/AT NO 36, 5TH CROSS
     L N PURAM, SRIRAMPURAM
     BANGALORE-560 021

6.   SRI M BALASUBRAMANI
     S/O MUNISWAMY
     AGED ABOUT 30 YEARS
     R/AT NO 4212/6A 1ST MAIN
     SUBRAMANYA NAGAR
     MUNESWARA TEMPLE STREET
     BANGALORE                     ... RESPONDENTS

(BY SRI.C. G. GOPALASWAMY, ADV. FOR R2 TO R4;
    R5 SERVED; VIDE ORDER DATED 20.09.2010
    APPEAL DISMISSED AS AGAINST R-1)

     THIS REGULAR FIRST APPEAL IS FILED UNDER
SECTION 96 READ WITH ORDER 41 RULE 1 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 18.02.2006
PASSED IN OS.NO.2258/1990 ON THE FILE OF THE I
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BANGALORE (CCH.NO.2) DISMISSING THE SUIT FOR
DECLARATION CANCELLATION OF SALE DEED AND FOR
PERMANENT INJUNCTION.
                              4



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

None appears for the parties.

The matter is of the year 2006. It is seen that the

learned counsel for the appellants has been absent

continuously. It appears that appellants are not interested

in prosecuting the appeal. Accordingly, the appeal is

dismissed for non-prosecution.

Sd/-

JUDGE

MH/-