Muniraju vs Gajalakshmi
2022 Latest Caselaw 3165 Kant

                        1


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 23RD DAY OF FEBRUARY, 2022

                      BEFORE

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

         REGULAR FIRST APPEAL. No.35/2006

BETWEEN :
1.   MUNIRAJU,
     AGED ABOUT 60 YEARS,

2.   NAGAMMA, MAJOR
     AGED ABOUT 50 YEARS,
     W/O MUNIRAJU,

3.   NARAYANASWAMY,
     AGED ABOUT 35 YEARS,
     S/O MUNIRAJU,

4.   MOHAMMED ILIYAS MIRZA,
     AGED ABOUT 37 YEARS,
     S/O LATE ABDUL SALAM SAB,
     R/AT KUMBARPET
     VIJAYAPURA TOWN,
     DEVANAHALLY TALUK-562135

5.   C. N. SHIVAKUMAR, MAJOR,
     AGED ABOUT 34 YEARS,
     S/O CHIKKA NARASIMHAIAH,

6.   VENKATESH,
     AGED ABOUT 33 YEARS,
     S/O LAKSHMINARAYANA,

     THE DEFENDANTS 1-3 & 5 & 6 ARE
     RESIDING AT NO.1278,
     MELLUR MAIN ROAD,
                           2


     VIJAYAPURA TOWN,
     DEVANAHALLI TALUK.
                                     ... APPELLANTS

(BY SMT. K. SHEELA ANISH, ADVOCATE
FOR APPELLANT ABSENT)


AND :
1.   GAJALAKSHMI
     AGED ABOUT 50 YEARS,
     W/O LATE C. NARAYANASWAMY,

2.   NATARAJ,
     AGED ABOUT 30 YEARS,
     S/O LATE C. NARAYANASWAMY,

3.   SHEKHAR,
     S/O LATE C. NARAYANASWAMY,
     AGED ABOUT 27 YEARS,

4.   PRAKASH,
     S/O LATE C. NARAYANASWAMY,
     AGED ABOUT 24 YEARS,

5.   C. MUNIRAJU,
     S/O LATE CHIKKANNAPPA,
     AGED ABOUT 60 YEARS,
     DEAD REPRESENTED BY HIS LRS.
     (ON RECORD AS PER THE
     ORDER DTD:9/8/09.)

     5(i)   SMT. SAVITHRAMMA
            W/O LATE. C. MUNIRAJU,
            AGED ABOUT 50 YEARS,

     5(ii) ARUN
           S/O LATE C. MUNIRAJU,
           AGED ABOUT 28 YEARS,
                            3


     5(iii) SWAMY
            S/O LATE C. MUNIRAJU,
            AGED ABOUT 25 YEARS,

6.   MAHESH,
     AGED ABOUT 28 YEARS,
     S/O LATE GOVINDARAJU,

7.   SHANKAR,
     AGED ABOUT 23 YEARS,
     S/O LATE C. NARAYANASWAMY,

8.   RAMAKKA, MINOR,
     AGED ABOUT 22 YEARS,
     D/O LATE C. NARAYANASWAMY,


     ALL ARE RESIDNG OF AT NO.124,
     2ND MAIN ROAD,
     CHAMARAJPET,
     BANGALORE-560018.
                                       ... RESPONDENTS

(R1, R2, R3, R4, R5(1), R5(2), R5(3), R6, R7 & R8 ARE
SERVED)

     THIS REGULAR FIRST APPEAL IS FILED UNDER
SECTION 96 OF CPC R/W ORDER 41 RULE 1 OF CPC
AGAINST THE JUDGMENT AND DECREE DT. 02.08.2004
PASSED IN O.S. NO.10/1997 ON THE FILE OF THE
PRL.CIVIL JUDGE (SR.DN), BANGALORE RURAL DISTRICT,
BANGALORE, DECREEING THE SUIT FOR DECLARATION.
AND ETC.,


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

On 09.02.2022, the following order was passed:

"At the request of learned counsel for the appellants, list this matter on 23.02.2022 finally. It is made clear that no further adjournment will be given.

Today, there is no representation for the appellant.

2. It appears that the appellant is not interested

in prosecuting the case. Hence, the appeal is dismissed for

non-prosecution.

Sd/-

JUDGE

JJ