Sri Abdul Razack vs Smt. Sheshamma
2022 Latest Caselaw 720 Kant

                          1


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 14TH DAY OF JANUARY, 2022

                     BEFORE

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

              RFA NO.51 OF 2012 (SP)

BETWEEN:

SRI. ABDUL RAZACK,
S/O SHEIKH FAREED,
AGED ABOUT 54 YEARS,
R/O SWALADEVANAHALLI VILLAGE,
YANTAGANAHALLI POST,
KASABA HOBLI,
GORINABELI, NELAMANGALA TALUK,
BENGALURU - 562 123.
                                       ... APPELLANT
(BY SRI.C.H.RAMACHANDRA REDDY AND
    SRI.B.N.ANJAN KUMAR, ADVOCATES (ABSENT))

AND:

1.   SMT.SHESHAMMA,
     SINCE DECEASED
     REPRESENTED BY LRS

1(a) SMT.KRISHNAMMA,
     D/O LATE SHESHAGIRIYAPPA,
     AGE 44 YEARS,

1(b) KRISHNAMURTHY,
     S/O LATE SHESHAGIRIYAPPA,
     AGE 41 YEARS,

     BOTH ARE R/O MARENAHALLI VILLAGE,
     JALA HOBLI,
     BANGALORE (N) TALUK,
     BANGALORE - 560 013.
                          2



2.  SRI.M.S.NAGABHUSHANA,
    S/O LATE SHESHAGIRIYAPPA,
    AGED ABOUT 38 YEARS,
    RESIDING AT MARENAHALLI VILLAGE,
    JALA HOBLI,
    BANGALORE (N) TALUK,
    BANGALORE - 560 013.
                                 ... RESPONDENTS
(BY SRI.HARISH O.K., ADVOCATE FOR R2;
    R1(b) SERVED AND UNREPRESENTED;
    VIDE ORDER DATED 25.10.2021, NOTICE TO R1 (a
    and b), THE APPEAL AS AGAINST R1(a & b)
    STANDS DISMISSED FOR NOT TAKING STEPS

     THIS RFA IS FILED UNDER SECTION 96 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED
19.08.2011 PASSED IN O.S.1817/2006 ON THE FILE OF
THE PRESIDING OFFICER, FAST TRACK COURT,
DEVANAHALLI, PARTLY DECREEING THE SUIT FOR
SPECIFIC PERFORMANCE.

     THIS RFA COMING ON FOR ORDERS, THROUGH
VIDEO CONFERENCING THIS DAY THE COURT
DELIVERED THE FOLLOWING:

                    JUDGMENT

This Court on 11.11.2021, passed the

following order:-

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

2. Even today, none appears for the

appellant. It appears that appellant is not

interested in prosecuting the appeal. The appeal

stands dismissed for non-prosecution.

Sd/-

JUDGE

AG