Smt. Vijaya Kumari vs Dr. D L Ramachandrappa
2022 Latest Caselaw 634 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 13TH DAY OF JANUARY, 2022

                     BEFORE

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

           R.F.A. NO.697 OF 2012 (DEC)

BETWEEN:

SMT. VIJAYA KUMARI
AGED ABOUT 35 YEARS
W/O J. KIRABAINATHAN
NO.117/3, 7TH MAIN ROAD
VASANTHNAGAR
BANGALORE-560052
SINCE DECEASED BY HER
LEGAL HEIRS

1(a) SMT. K. BEULAH JOY
     S/O M. BABU
     AGED ABOUT 37 YEARS
     R/AT NO.117/3, NEW NO.19
     7TH MAIN ROAD
     VASANTHNAGAR
     BANGALORE - 560 052

1(b) SRI. K. JOHN JEEVANRATHNAM
     S/O J. KIRUBAINATHAN
     AGED ABOUT 36 YEARS
     R/AT NO.19, 7TH MAIN ROAD
     VASANTHNAGAR
     BANGALORE - 560 052

1(c) SRI. K. PETERVANDADIN
     S/O J.KIRUBAINATHAN
                           2



       AGED ABOUT 33 YEARS
       NO.19, 7TH MAIN ROAD
       VASANTHNAGAR
       BANGALORE - 560 052

1(d) SMT. P. RIYA HOBSHISIHEPZIBHA
     W/O PRABHAKARAN
     AGED ABOUT 50 YEARS
     NO.19, 7TH MAIN ROAD
     VASANTHNAGAR
     BANGALORE - 560 052              ... APPELLANTS

(BY SRI.P.B.RAJU, ADV. AND
    SRI. P. S. JAGADISH, ADV. [ABSENT])

AND:

1.     DR. D. L. RAMACHANDRAPPA
       S/O D. R. LINGAPPA
       AGED ABOUT 68 YEARS
       R/AT NO.50/666
       5TH MAIN ROAD, VYALIKAVAL
       BANGALORE - 560 003

2.     MR. P. SAMUEL JACOB
       S/O LATE SRI. JACOB SAMUEL
       AGED ABOUT 70 YEARS
       R/AT NO.117/3
       7TH MAIN ROAD, VASANTHNAGAR
       BANGALORE - 560 052
       SINCE DECEASED BY HIS LEGAL HEIRS

2(a) SMT. LILLY
     W/O SAMUEL JACOB
     MAJOR, R/AT NO.1/1
     1ST CROSS, ANJANAPPA BLOCK
     KRISHNAPPA GARDEN, BENSON TOWN
     BANGALORE - 560 046
                           3



2(b) SRI. SANTHOSH
     S/O SAMUEL JACOB
     MAJOR, R/AT NO.1/1
     1ST CROSS, ANJANAPPA BLOCK
     KRISHNAPPA GARDEN
     BENSON TOWN
     BANGALORE - 560 046

3.   MISS HUANG CHIU QUEE (MARGARET)
     D/O MR.HUANG CHIENG CHUAN CHANN
     MAJOR, R/AT PORTION OF PREMISES
     BEARING NO.97/117-3
     FACING 7TH MAIN ROAD
     VASANTHNAGAR
     BANGALORE - 560 052
                                   ... RESPONDENTS

(BY SRI.P. G. UNNIKRISHNAN, ADV. FOR R2 (A & B);
    VIDE ORDER DATED 22.04.2015
    NOTICE TO R1 AND R3 ARE HELD SUFFICIENT)

     THIS REGULAR FIRST APPEAL IS FILED UNDER
SECTION 96 OF THE CODE OF CIVIL PROCEDURE AGAINST
THE JUDGMENT AND DECREE DATED 04.02.2012 PASSED
IN O.S.10308/1992 ON THE FILE OF THE XXVIII-ADDL.
CITY CIVIL JUDGE, MAYO HALL, BANGALORE, DISMISSING
THE SUIT FOR SPECIFIC PERFORMANCE.

    THIS REGULAR FIRST APPEAL COMING ON FOR
ORDERS, THIS DAY, THE COURT THROUGH VIDEO
CONFERENCE DELIVERED THE FOLLOWING:
                               4



                        JUDGMENT

On 11.11.2021, the following order was passed:-

"In case of the non-compliance of the office objection before the closure of the office hours on 25.11.2021. The appeal shall stand dismissed for non-prosecution."

2. Inspite of granting sufficient opportunity, paper

book, synopsis, note of arguments and list of authorities

have not been filed.

3. When the case is called out today, none appears

for the appellants. It appears that the appellants are not

interested in prosecuting the case. Hence, the appeal is

dismissed for non-prosecution.

Sd/-

JUDGE

MH/-