M/S Aparna Theatres Pvt Ltd vs Shri M S Papanna
2023 Latest Caselaw 10161 Kant

Karnataka High Court

M/S Aparna Theatres Pvt Ltd vs Shri M S Papanna on 11 December, 2023

Author: V. Srishananda

Bench: V. Srishananda

                                         -1-
                                                     NC: 2023:KHC:44858
                                                    RFA No. 100 of 2014




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 11TH DAY OF DECEMBER, 2023

                                       BEFORE

                      THE HON'BLE MR. JUSTICE V. SRISHANANDA

                     REGULAR FIRST APPEAL NO.100 OF 2014 (INJ)


              BETWEEN:

              1.    M/S. APARNA THEATRES PVT. LTD.,
                    A PRIVATE LIMITED COMPANY
                    INCORPORATED UNDER THE
                    INDIAN COMPANIES ACT, 1956
                    AND HAVING ITS REGISTERED OFFICE
                    AT NO.20, TANK BUND ROAD
                    BANGALORE-560 009
Digitally           REP. BY ITS MANAGING DIRECTOR
signed by R         SHRI. R.B.C. PRAMESHWARA ARADHYA.
MANJUNATHA
Location:
HIGH COURT    2.    SHRI. R.B.C. PARAMESHWARA ARADHYA
OF                  AGED ABOUT 76 YEARS
KARNATAKA           MANAGING DIRECTOR
                    M/S. APARNA THEATERS PVT. LTD.
                    NO.20, TANK BUND ROAD
                    BANGALORE-560 009.

                                                          ...APPELLANTS
              (BY SRI. MAHESH KUMAR, ADV.,)
              AND:

              1.    SHRI. M.S. PAPANNA
                    S/O LATE M. SRINIVASULU
                    AGED ABOUT 76 YEARS
                    R/AT NO.66/1, 17TH CROSS, 8TH MAIN
                    RMV EXTENSION, BANGALORE-560 080.
                                   -2-
                                                   NC: 2023:KHC:44858
                                               RFA No. 100 of 2014




2.   SHRI. M.S. MALLAPPA
     S/O LATE M. SRINIVASULU
     AGED ABOUT 75 YEARS
     R/AT NO.66/1, 17TH CROSS
     8TH MAIN, RMV EXTENSION
     BANGALORE-560 080.

                                                      ...RESPONDENTS
(BY SRI. RAAM PRASAD B.S. ADV., FOR R2
         R1 SERVED)


     THIS RFA IS FILED U/SEC.96(1) CPC, AGAINST THE
JUDGMENT AND DECREE DATED:18.12.2013 PASSED IN
O.S.6980/2009 ON THE FILE OF THE XXXIX-ADDL. CITY CIVIL
AND SESSIONS JUDGE, BENGALURU CITY, DISMISSING THE
SUIT FOR PERMANENT INJUNCTION.


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

                            JUDGMENT

Appellant was earlier represented by

Sri.V.B.Shivakumar, learned counsel. He has filed memo

of retirement. The same was accepted and he has been

permitted to retire from the case by order dated

25.07.2023.

2. Thereafter, this Court issued Court notice by way

of abundant caution to the appellants. The Court notice

NC: 2023:KHC:44858

issued to the 1st appellant returned with an endorsement

'address insufficient for service'. Insofar as the 2nd

appellant is concerned, it has been reported that the 2nd

appellant is no more.

3. In the meantime, Sri.Mahesh Kumar, learned

counsel has filed power stating that he is appearing for the

appellants. Vakalath is accepted by Mahesh Kumar for the

parties namely Pushpalatha, Prashanth, Yogeshwar

Aradhya and Lingamurthy. On perusal of the appeal

memorandum, there are no parties namely Pushpalatha,

Prashanth, Yogeshwar Aradhya and Lingamurthy in the

appeal. The vakalath also styles itself that they are the

legal representatives of the 2nd appellant. No application

is filed seeking an order to bring the legal representatives

of deceased 2nd appellant on record.

4. Under such circumstances, vakalath is defective

and the same is rejected.

NC: 2023:KHC:44858

5. Left with no other alternative, the appeal stands

dismissed for non-prosecution.

Sd/-

JUDGE

RV