Sri Y Venkataswamy vs Smt Jayamma
2023 Latest Caselaw 10719 Kant

Karnataka High Court

Sri Y Venkataswamy vs Smt Jayamma on 15 December, 2023

Author: V Srishananda

Bench: V Srishananda

                                          -1-
                                                    NC: 2023:KHC:45919
                                                  RFA No. 1116 of 2015




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                  DATED THIS THE 15TH DAY OF DECEMBER, 2023

                                        BEFORE
                     THE HON'BLE MR JUSTICE V SRISHANANDA
                  REGULAR FIRST APPEAL NO. 1116 OF 2015 (INJ)
              BETWEEN:

              SRI. Y VENKATASWAMY.
              S/O LATE YELLAPPA,
              AGED ABOUT 58 YEARS,
              R/AT NO.105, 4TH CROSS,
              ALPHA FACTORY,
              YELACHENAHALLI,
              KANAKAPURA ROAD,
              J P NAGAR POST,
              BANGALORE - 560 078
                                                          ...APPELLANT
              (BY SRI. K RAMESH .,ADVOCATE (ABSENT))

              AND:

              SMT. JAYAMMA,
Digitally
signed by R   W/O K GANGAPPA,
MANJUNATHA
              AGED ABOUT 57 YEARS,
Location:
HIGH COURT    R/AT NO.103, NEAR,
OF
KARNATAKA     NEAR WATER TANK,
              YELACHENAHALLI,
              KANAKAPURA ROAD,
              J P NAGAR POST,
              BANGALORE - 560 078
                                                        ...RESPONDENT
              (BY SRI. S.P. KULKARNI.,ADVOCATE)
                                    -2-
                                               NC: 2023:KHC:45919
                                             RFA No. 1116 of 2015




      THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 30.04.2015 PASSED IN
O.S.NO.5593/2004 ON THE FILE OF THE XVIII ADDL. CITY
CIVIL JUDGE BENGALURU CITY (CCH.NO.10), DISMISSING THE
SUIT FOR PERMANENT INJUNCTION AND POSSESSION.

      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT MADE THE FOLLOWING:

                              ORDER

In pursuance of the order dated 10.08.2023, Court

notice has been issued to the respondent. The Court notice

has been returned with an endorsement as 'service

insufficient'.

2. Earlier, learned counsel Sri S.P.Kulkarni

represented the appellant. Since he has been designated

as Senior counsel, name of learned counsel Sri K.Ramesh,

who has also accepted the vakalath along with

Sri S.P.Kulkarni, has been notified in cause list.

3. Since learned counsel Sri K.Ramesh also did not

appear before the Court to represent the appellant, by way

NC: 2023:KHC:45919

of abundant caution, this Court has issued a Court notice

to the appellant.

4. The Court notice has been returned with an

endorsement as 'insufficient' for want of correct address.

5. Left with no other alternative, the appeal stands

dismissed for non prosecution.

Sd/-

JUDGE

CH