Smt.B.J.Prema vs A. Prabhakar
2023 Latest Caselaw 5704 Kant

                                                  -1-
                                                         NC: 2023:KHC:29212-DB
                                                            RFA No. 2257 of 2019




                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 17TH DAY OF AUGUST, 2023

                                              PRESENT

                            THE HON'BLE MR JUSTICE P.S.DINESH KUMAR

                                                  AND

                        THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA

                   REGULAR FIRST APPEAL NO. 2257 OF 2019 (DEC)


                   BETWEEN:

                   SMT. B.J. PREMA
Digitally signed   W/O M. MAHADEVA
by ANUSHA V        AGED ABOUT 50 YEARS
Location: HIGH     R/AT 9TH CROSS, 4TH MAIN
COURT OF           CHAMRAJPET
KARNATAKA
                   BANGALORE-560 018.                              ...APPELLANT

                   (BY SHRI. D. KAVITHA, ADVOCATE [ABSENT])

                   AND:

                   1.     A. PRABHAKAR
                          S/O LATE M. APPANNA
                          AGED ABOUT 49 YEARS

                          M. APPANNA
                          S/O LATE MOTAPPA
                          SINCE DEAD BY HIS LRS

                   2.     SMT. KAMALAMMA
                          W/O LATE APPANNA
                          AGED ABOUT 74 YEARS

                   3.     SMT. MALA
                          D/O LATE APPANNA
                          AGED ABOUT 41 YEARS

                   4.     A. VENKATESH MURTHY
                          S/O LATE APPANNA
                          AGED ABOUT 53 YEARS
                               -2-
                                           NC: 2023:KHC:29212-DB
                                              RFA No. 2257 of 2019




     R1 TO R4 ARE ALL
     RESIDING AT NO.25
     RANOJI RAO LANE
     KALASIPALYAM
     BANGALORE-560 002.                           ...RESPONDENTS

(BY SHRI. D. SATHYA, ADVOCATE FOR
    SHRI. K.V. NARASIMHAN, ADVOCATE FOR R1 & R4)

      THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST
THE JUDGMENT AND DECREE DATED 30.08.2019 PASSED IN
O.S.NO.4630/2013 ON THE FILE OF THE XXXVII ADDITIONAL CITY
CIVIL JUDGE, (CCH-38) BANGALORE, DISMISSING THE SUIT FOR
DECLARATION.


      THIS   RFA,   COMING    ON    FOR    ORDERS,    THIS   DAY,
P.S.DINESH KUMAR, J., DELIVERED THE FOLLOWING:


                          JUDGMENT

None appears for the appellant.

2. Shri D.Satya, learned advocate appears for

respondents No.1 & 4 and submits that after filing

this appeal, defendants-respondents have executed the

Confirmation Deed on 19.12.2022. Hence, nothing

further survives in this appeal. His submission is placed

on record. He further submits he has filed

I.A.No.1/2023 seeking dismissal of this appeal.

A copy of the same has been sent to Smt.D.Kavitha,

learned advocate for the appellant and the same is

returned with an endorsement 'unclaimed'.

NC: 2023:KHC:29212-DB RFA No. 2257 of 2019

3. In view of the above, it appears that appellants

are not interested in prosecuting this appeal. Hence,

this appeal is dismissed for non-prosecution.

4. In view of disposal of this appeal, pending

interlocutory applications, if any, do not survive for

consideration and they stand disposed of.

No costs.

Sd/-

JUDGE

Sd/-

JUDGE

AV