M/S. India Bulls Financial ... vs Dr. Thambiah Sundaram
2023 Latest Caselaw 5954 Kant

                                                -1-
                                                             NC: 2023:KHC:30280-DB
                                                                RFA No. 524/2011




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                        DATED THIS THE 24TH DAY OF AUGUST, 2023
                                            PRESENT
                          THE HON'BLE MRS JUSTICE K.S.MUDAGAL
                                               AND
                             THE HON'BLE MR JUSTICE C M JOSHI
                          REGULAR FIRST APPEAL NO.524/2011 (SP)
                   BETWEEN:


                   M/S. INDIA BULLS FINANCIAL SERVICES LTD.,
                   HAVING OFFICE AT NO.201
                   2ND FLOOR, GOLD COIN TOWERS
                   NEXT TO KONARK HOTEL
                   RESIDENCY ROAD
                   BANGALORE - 560 025                               ...APPELLANT

                   (BY SRI.JAI M PATIL, ADVOCATE (ABSENT))
                   AND:

                   1.   DR. THAMBIAH SUNDARAM
                        S/O LATE COL. THAMBAIAH
                        AGED ABOUT 54 YEARS
Digitally signed        R/AT.NO.910, NORTH EAST AVE
by PRABHU
KUMARA                  SANTA MARIA, CA 93454
NAIKA                   UNITED STATES OF AMERICA
Location: High
Court of
Karnataka               NOW CAMPING AT
                        NO.61, 19TH CROSS
                        B K NAGAR, YESHWANTHPUR
                        BANGALORE - 560 022

                   2.   SRI P R PARAMANAND SINGH
                        S/O. LATE PARAMANADA RAMAKRISHNA SINGH
                        AGED ABOUT 50 YEARS

                   3.   SMT GAYATHRI P SINGH
                        W/O. SRI.P.R.PARAMANAND SINGH
                        AGED ABOUT 38 YEARS
                              -2-
                                        NC: 2023:KHC:30280-DB
                                            RFA No. 524/2011




4.   MS BHAVANA P SINGH
     D/O. SRI P.R. PARAMANAND SINGH
     AGED ABOUT 19 YEARS

5.   SMT ARUNDATHI P SINGH
     D/O. SRI P.R. PARAMANAND SINGH
     AGED ABOUT 18 YEARS

6.   MASTER PARESH P SINGH
     D/O. SRI P.R. PARAMANAND SINGH
     MINOR, REP. BY HIS NATURAL GUARDIAN
     SMT.GAYATHRI P SINGH

     R2 TO R6 ARE R/O NO.24,
     HAUDIN ROAD, ULSOOR ROAD CROSS
     BANGALORE - 560 042                    ... RESPONDENTS


(BY SRI. R B SADASHIVAPPA, ADVOCATE FOR R1;
    SRI.B.A.SOMMANNA, ADVOCATE FOR R2 TO R5;
    R6 IS MINOR REPRESENTED BY R3)

      THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER XLI
RULE-1 R/W SEC.96, OF CPC,      PRAYING TO SET ASIDE THE
JUDGMENT AND DECREE DATED 21.01.2011 PASSED IN
O.S.6402/2009 ON THE FILE OF THE XVII-ADDL. CITY CIVIL JUDGE,
(CCH-16), BANGALORE CITY, DECREEING THE SUIT FOR SPECIFIC
PERFORMANCE.

      THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS THIS
DAY, K.S.MUDAGAL J., DELIVERED THE FOLLOWING:

                        JUDGMENT

No representation for the appellant.

The Court notice issued to the appellant is returned with

endorsement that "appellant has left the address". It appears

NC: 2023:KHC:30280-DB RFA No. 524/2011

that the appellant is not interested in prosecuting the matter.

Therefore, the appeal is dismissed for non-prosecution.

Sd/-

JUDGE

Sd/-

JUDGE

PKN