Sri.N M Venkateshappa vs Syndicate Bank
2022 Latest Caselaw 3268 Kant

                        1


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 24TH DAY OF FEBRUARY, 2022

                      BEFORE

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

               RFA NO.1723 OF 2006

BETWEEN:

1.    SRI. N.M. VENKATESHAPPA
      AGED ABOUT 41 YEARS,
      S/O SRI. MARIAPPA,
      M.S. SUPRIYA ALUMINIUM
      FABRICATIONS AND GENERAL
      WORKS, NO.686, 1ST MAIN,
      II STAGE, RAJAJINAGAR,
      BENGALURU-560 010.

2.    SMT. R. SUBHALAKSHMI,
      W/O. SRI. N.M. VENKATESHAPPA,
      R/AT NO.686, I MAIN,
      'D' BLOCK, RAJAJINAGAR,
      BENGALURU-560 010.

3.    SRI. VENKATASWAMY N.M,
      R/AT NO.136, SRIRAMNAGAR,
      II STAGE, II PHASE,
      MAHALAKSHMIPURAM,
      RAJAJINAGAR,
      BENGALURU-560 010.

4.   SMT. AKKACHAMMA,
     AGED ABOUT 75 YEARS,
     W/O LATE SRI. MARIYAPPA,
     R/AT NANDAGUDI VILLAGE,
     HOSKOTE TALUK,
     BENGALURU RURAL DISTRICT-562 122
                                     ... APPELLANTS
(APPELLANT NOS.1, 2, 3 AND 4 ARE ABSENT)
                             2


AND:

SYNDICATE BANK,
A GOVERNMENT OF INDIA UNDERTAKING,
HEAD OFFICE AT MANIPAL,
UDUPI DISTRICT
BRANCH OFFICE AT RAJAJINAGAR,
II STAGE, BENGALURU-560 010
REPRESENTED BY ITS
BRANCH MANAGER.
                                  ... RESPONDENT
(BY SRI. M.R. SHASHIDHAR, ADVOCATE)

     THIS RFA IS FILED UNDER SECTION 96 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED
01.03.2006 PASSED IN O.S.No.3845/2001 ON THE FILE
OF THE X ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, BENGALURU CITY, DECREEING THE SUIT FOR
RECOVERY OF MONEY.

     THIS RFA COMING ON FOR FINAL HEARING, THIS
DAY THE COURT DELIVERED THE FOLLOWING:

                       JUDGMENT

None appears for the appellants.

On 07.01.2022, the following order was passed:

"The appellants have been served with notice, but the appellant is not represented by the counsel. In the interest of justice, one more opportunity is granted to the appellant to neither appear or represent. If the appellant is not represented on the next date of hearing, the appeal would be liable for dismissal for non-prosecution.

Re-list on 24.02.2022".

It appears that the appellants are not

interested in prosecuting the appeal.

The appeal is dismissed for non-prosecution.

Sd/-

JUDGE

AG