Sri R N Mukherjee vs Sri P V Balakrishna Reddy
2023 Latest Caselaw 5982 Kant

                                       -1-
                                                      NC: 2023:KHC:30641
                                                    RFA No. 1249 of 2006




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 28TH DAY OF AUGUST, 2023

                                     BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                   REGULAR FIRST APPEAL No.1249 OF 2006(SP)
            BETWEEN:
            SRI R N MUKHERJEE
            AGED ABOUT YEARS
            S/O LATE K N MUKHERJEE
            RESIDING AT NO.15-B,
            PRIME ROSE ROAD
            BANGALORE-560 025
                                                            ...APPELLANT
            (BY SRI V VINOD REDDY, ADVOCATE - ABSENT)

            AND:

            1.     SRI P V BALAKRISHNA REDDY
                   AGED ABOUT YEARS
                   S/O LATE SRI VEERAPPA REDDY
                   RESIDING AT NO.527, 11TH CROSS
                   RAJAMAHAL VILAS EXTENSION
Digitally
signed by          BANGALORE-560 080.
MALATESH
KC
Location:   2.     GULZAR KHAN
HIGH               AGED ABOUT 64 YEARS
COURT OF
KARNATAKA          RESIDING AT NO.1/64,
                   KADUGODI NEW EXTENSION
                   G K NAGAR, KADUGODI,
                   BANGALORE-560 067
                   DIED ON 02.09.2007

            2(a) MALIKA BANU
                 W/O LATE GULZAR KHAN
                 AGED ABOUT 50 YEARS
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                                            NC: 2023:KHC:30641
                                          RFA No. 1249 of 2006




2(b) G.IMARAN KHAN
     S/O LATE GULZAR KHAN
     AGED ABOUT 30 YEARS

2(c)   G.AYEESHA
       D/O LATE GULZAR KHAN
       AGED ABOUT 25 YEARS

       ALL ARE RESIDING AT NO.64
       KADUGODI PLANTATION
       KADUGODI POST
       KADUGODI WARD NO.83
       BANGALORE -560 067.
                                                ...RESPONDENTS

(VIDE ORDER DATED 16.08.2023, APPEAL STANDS DISMISSED
AS ABATED AS AGAINST R1;
VIDE ORDER DATED 21.01.2013, NOTICE TO R2(A TO C) IS
HELD SUFFICIENT BY WAY OF PAPER PUBLICATION)
     THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF CIVIL PROCEDURE CODE AGAINST THE JUDGEMENT
AND DECREE DATED 07.10.2005 PASSED IN O.S.NO. 230/1986
ON THE FILE OF THE I ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, BANGALORE CITY (CCH.NO.2) PARTLY DECREEING THE
SUIT   FOR   PERMANENT     INJUNCTION   AND    SEPECIFIC
PERFORMANCE.

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

Case called twice. None present on behalf of appellant.

Even on previous occasion, there was no representation

on behalf of appellant and noting the same, appeal against

respondent No.1 got dismissed as abated, as no steps were

NC: 2023:KHC:30641 RFA No. 1249 of 2006

taken to bring the legal representatives of deceased respondent

No.1 on record, who is said to have died on 11.03.2016.

Since respondent No.1 is no more and other respondents

have not chosen to contest the matter, left with no other

option, appeal is dismissed for non prosecution.

Sd/-

JUDGE

kcm