Kamala vs V Ayyappa
2022 Latest Caselaw 715 Kant

                               1




     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 14TH DAY OF JANUARY, 2022

                         BEFORE

        THE HON'BLE MR. JUSTICE ASHOK.S.KINAGI

              M.F.A NO.1061/2019 (CPC)

BETWEEN:

KAMALA W/O LAKSHMANA KUMAR T.L.
AGED ABOUT 38 YEARS,
RESIDING AT TAVARAKERE VILLAGE,
NANDANAGUDI HOBLI, HOAKOTE TALUK
BANGALORE RURAL DISTRICT - 562 122.
                                           ...APPELLANT

(BY SRI. M.T.JAGAN MOHAN, ADVOCATE (ABSENT) )


AND:

1.     V. AYYAPPA S/O LATE VENKATAPPA,
       AGED ABOUT 70 YEARS

2.     AMMAYAMMA W/O V.AYYAPPA
       AGED ABOUT 63 YEARS

3.     MANJULA D/O V. AYYAPPA
       AGED ABOUT 45 YEARS

4.     SHANTA D/O V. AYYAPPA
       AGED ABOUT 43 YEARS.

5.     SHYAMALA D/O V. AYYAPPA
       AGED ABOUT 41 YEARS

6.     MURALI S/O V.AYYAPPA
       AGED ABOUT 37 YEARS.
                             2




      ALL ARE RESIDING AT NO-107,
      2ND MAIN ROAD, 6TH CROSS,
      SIDDPURA VILLAGE,
      RAMAGONDANAHALLI POST,
      VARTHUR HOBLI,
      BANGALORE - 560 066.

7.    R. HEMANTHA KUMAR
      S/O RAMAKRISHNAPPA,
      AGED ABOUT 40 YEARS,
      RESIDING AT NO-106
      2ND MAIN ROAD, 6TH CROSS,
      SIDDPURA VILLAGE,
      RAMAGONDANAHALLI POST,
      VARTHUR HOBLI,
      BANGALORE - 560 066.
                                         ... RESPONDENTS


      THIS MFA FILED U/O.43 RULE 1(r) OF CPC, AGAINST THE
ORDER     DT.29.11.2018   PASSED     ON    IA   NO.1   IN
O.S.NO.1725/2016 ON THE FILE OF THE PRINCIPAL SENIOR
CIVIL JUDGE, BENGALURU RURAL DISTRICT, DISMISSING IA
NO.1 FILED U/O 39 RULES 1 AND 2 OF CPC.

     THIS MFA COMING ON FOR 'ADMISSION' THIS DAY, THE
COURT MADE THE FOLLOWING:

                      JUDGMENT

None appears for the appellant. Even on the last

occasion, none appear for the appellant. However, it was

made clear on 07.01.2022 that in case the appellant fails

to appear on the next date of hearing, appropriate order

will be passed.

2. Today, the case is called. None appear for the

appellant. The appeal is of the year 2019. The appellant is

not interested in prosecuting the appeal.

In view of the peremptory order, the appeal is

dismissed for non-prosecution.

In view of the dismissal of the appeal, I.A.No.1/2020

does not survive for consideration and disposed of

accordingly.

Sd/-

JUDGE ssb