Sri M Manohar vs Hanumappa
2023 Latest Caselaw 10183 Kant

Karnataka High Court

Sri M Manohar vs Hanumappa on 11 December, 2023

Author: V. Srishananda

Bench: V. Srishananda

                                          -1-
                                                       NC: 2023:KHC:44857
                                                     RFA No. 1540 of 2013




                   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.1540 OF 2013 (DEC/INJ)


              BETWEEN:

              1.    SRI. M. MANOHAR
                    S/O LATE PATEL V. MUNIYAPPA
                    AGED ABOUT 52 YEARS
                    NO.27/1, 8TH CROSS
                    8TH MAIN ROAD, BYRASANDRA
                    JAYANAGAR IST BLOCK EAST
                    BANGALORE-560011.
Digitally
signed by R                                                  ...APPELLANT
MANJUNATHA
Location:
              (BY SRI. M. MANOHAR, ADV., (ABSENT))
HIGH COURT
OF            AND:
KARNATAKA
              1.    HANUMAPPA
                    S/O SRI. MUNIGA @ CHIKKONU
                    AGED ABOUT 83 YEARS
                    NO.16/1, BYRASANDRA
                    BANGALORE-560011.

              2.    THE COMMISSIONER
                    BANGALORE MAHANAGARA PALIKE
                    BANGALORE-560002.

              3.    THE DEPUTY COMMISSIONER (SOUTH)
                    BANGALORE MAHANAGARA PALIKE
                    BANGALORE-560002.

              4.    THE REVENUE OFFICER (SOUTH)
                    (PROPERTY AND WEALTH)
                    BANGALORE MAHANAGARA PALIKE
                    BANGALORE-560002.
                               -2-
                                           NC: 2023:KHC:44857
                                         RFA No. 1540 of 2013




5.   THE ASSISTANT REVENUE OFFICER
     HOMBEGOWDA NAGAR RANGE
     JAYANAGAR SHOPPING COMPLEX
     BENGALURU MAHANAGARA PALIKE
     BANGALORE.
                                              ...RESPONDENTS


(BY SRI. N.R. JAGADEESWARA, ADV., FOR R2 TO R5
V/O DTD:11.12.2019 NOTICE TO R1 (II & VI) ARE
HELD SUFFICIENT)

     THIS RFA IS FILED SECTION 96 OF THE CIVIL
PROCEDURE CODE AGAINST THE JUDGMENT AND DECREE
DATED 3.4.2012 PASSED IN O.S.NO.6815/1997 ON THE FILE
OF THE XVI ADDL. CITY CIVIL & SESSIONS JUDGE,
BANGALORE, DECREEING THE SUIT FOR DECLARATION AND
INJUNCTION.

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

                         JUDGMENT

Appellant was earlier represented by learned counsel

Sri.Jagadeeshachari. He has filed memo of retirement in

respect of the appellant. Memo of retirement was accepted and

by way of abundant caution, this Court issued a Court notice to

the appellant.

2. As per the report, Court notice is duly served on the

appellant.

3. Appellant called out. Absent.

NC: 2023:KHC:44857

4. Left with no other alternative, appeal stands dismissed

for non-prosecution.

Sd/-

JUDGE

RV