Sri. P.H. Krishna Raj vs The Bruhat Bengaluru Mahanagara ...
2023 Latest Caselaw 5246 Kant

                                         -1-
                                                 NC: 2023:KHC:27307
                                                   RFA No. 1938 of 2016




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 03RD DAY OF AUGUST, 2023

                                      BEFORE
                      THE HON'BLE MR JUSTICE V SRISHANANDA
                    REGULAR FIRST APPEAL NO.1938 OF 2016 (INJ)
              BETWEEN:

              1.     SRI. P.H. KRISHNA RAJ
                     AGED ABOUT 75 YEARS
                     S/O LATE P HANUMANTHAIAH
                     RESIDING AT NO.36,
                     MADRAS BANK ROAD
                     RICHMOND TOWN
                     BENGALURU - 560025

                     REPRESENTED BY HIS SPECIAL POWER OF ATTORNEY
                     HOLDER SRI P K BHARATH KUMAR
                     AGED ABOUT 45 YEARS
                     S/O SRI P K KRISHNA RAJ
                     RESIDING AT NO.36,
                     MADRAS BANK ROAD
                     RICHMOND TOWN
                     BENGALURU - 560025

Digitally            SINCE DECEASED BY HIS LRS
signed by R
MANJUNATHA
Location:
HIGH COURT    1(a) SRI P.K.BHARATH KUMAR
OF                 S/O LATE P.H.KRISHNA RAJ
KARNATAKA
                   AGED ABOUT 49 YEARS
                   RESIDING AT NO.36,
                   MADRAS BANK ROAD
                   RICHMOND TOWN
                   BENGALURU - 560 025

              1(b) SRI P.K.HANUMANTARAJ
                   S/O LATE P.H.KRISHNA RAJ
                   AGED ABOUT 52 YEARS
                   RESIDING AT NO.36
                               -2-
                                      NC: 2023:KHC:27307
                                         RFA No. 1938 of 2016




       MADRAS BANK ROAD
       RICHMOND TOWN
       BENGALURU - 560 025
                                                 ...APPELLANTS
(BY SRI V B SHIVA KUMAR, ADVOCATE FOR APPELLANT 1(A
AND B) -ABSENT)
AND:

1.   THE BRUHAT BENGALURU MAHANAGARA PALIKE
     CORPORATION OFFICES
     N R SQUARE, J C ROAD
     BENGALURU - 560002
     REPRESENTED BY ITS COMMISSIONER

2.   THE ASSISTANT EXECUTIVE ENGINEER
     SOUTH SUB DIVISION
     BRUHAT BENGALURU MAHANAGARA PALIKE
     PUBLIC UTILITY BUILDING
     7TH FLOOR, BENGALURU - 560001
                                      ...RESPONDENTS
(BY SRI ASHWIN S. HALADY, ADVOCATE FOR R1 AND R2)



     THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96(1) OF CIVIL PROCEDURE CODE, 1908 AGAINST THE
JUDGMENT AND DECREE DATED 20.10.2016 PASSED IN
O.S.NO.10294/2015 ON THE FILE OF THE XXXIII ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING
THE SUIT FOR PERMANENT INJUNCTION.

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

                           JUDGMENT

Case called twice. None present for appellants. Counsel

for respondents present.

NC: 2023:KHC:27307 RFA No. 1938 of 2016

2. Suit for bare injunction filed by plaintiff came to be

dismissed against which the appeal is filed. The matter is yet

to be admitted and is pending for admission since 2016. Since

the appellants have not shown any interest in prosecuting the

matter, appeal stands dismissed for non prosecution.

Sd/-

JUDGE

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