Sri N Premkumar vs Smt. Rosool Bai
2023 Latest Caselaw 5950 Kant

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                                                           NC: 2023:KHC:30267
                                                        MFA No. 4612 of 2021




                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 24TH DAY OF AUGUST, 2023

                                             BEFORE
                         THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                    MISCELLANEOUS FIRST APPEAL NO. 4612 OF 2021 (CPC)
                   BETWEEN:
                   1.     SRI N PREMKUMAR
                          S/O LATE SRI N NANJUNDAPPA,
                          AGED ABOUT 63 YEARS,

                   2.     SRI N SHANKAR
                          S/O LATE SRI N SHANKAR
                          AGED ABOUT 53 YEARS,

                          APPELLANT Nos.1 AND 2 ARE
                          R/AT NO 54, 13TH MAIN, 6TH CROSS,
                          NEAR GREEN VIEW HOSPITAL, EJIPURA,
                          G G ROAD, VIVEK NAGAR POST,
                          BENGALURU-560047.

                    3.    SMT N NAGARATHNA
Digitally signed by
DHANALAKSHMI              D/O LATE SRI NANJUNDAPPA,
MURTHY                    AGED ABOUT 58 YEARS,
Location: High
Court of
Karnataka           4.    SMT N PADMAVATHI
                          D/O LATE SRI N NANJUNDAPPA,
                          AGED ABOUT 57 YEARS,

                          APPELLANT Nos.3 AND 4 ARE
                          R/AT No.4/4, KENGERI SATELITE TOWN,
                          BENGALURU SOUTH, BENGALURU-560060.
                                                                ...APPELLANTS
                   (SRI. N PREM KUMAR AND 3 OTHER APPELLANTS IN PERSON)
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                                          NC: 2023:KHC:30267
                                     MFA No. 4612 of 2021




AND:
1. SMT. ROSOOL BAI
   W/O SRI HOTILAL,

2.   SMT. PUSHPA BAI
     W/O SRI K G DHARMICHAND,

     BOTH ARE R/AT No.171, 3RD 'D' CROSS,
     SHIVAJI ROAD, SHIVAJINAGAR,
     BANGALORE 560051.
                                             ...RESPONDENTS
      MFA FILED U/O 43 RULE 1(r)    OF CPC, AGAINST THE
ORDER DATED 05.04.2021 PASSED ON I.A.NO.II IN OS.NO.
1645/2019 ON THE FILE OF THE III ADDITIONAL SENIOR
CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU,
DISMISSING THE I.A.NO.II   FILED UNDER ORDER 39 RULE 1
AND 2 OF CPC.

      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                       JUDGMENT

1. The appellants are absent.

2. This Court by order dated 22.08.2023 had permitted

the counsel for the appellants to retire from the case.

Thereafter, the appellants neither engaged any other

counsel nor appeared before this Court.

NC: 2023:KHC:30267 MFA No. 4612 of 2021

3. In spite of granting sufficient time, the office

objections have not been complied and even today, when

the matter is called out, the appellants are absent.

4. Therefore, it appears that the appellants are not

interested in prosecuting this appeal. Hence, the above

appeal is dismissed for non-prosecution.

Sd/-

JUDGE

HA