Smt Kalpana vs Sri Govindappa
2023 Latest Caselaw 9348 Kant

Karnataka High Court

Smt Kalpana vs Sri Govindappa on 5 December, 2023

Author: V Srishananda

Bench: V Srishananda

                                             -1-
                                                       NC: 2023:KHC:44008
                                                   RFA No. 2410 of 2007




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 5TH DAY OF DECEMBER, 2023

                                        BEFORE
                      THE HON'BLE MR JUSTICE V SRISHANANDA
                    REGULAR FIRST APPEAL NO. 2410 OF 2007 (INJ)
              BETWEEN:

                    SMT.KALPANA,
                    W/O RAMAIAH,
                    AGED ABOUT 35 YEARS,
                    R/AT 8TH CROSS,
                    II MAIN, 2ND DIVISION,
                    NANDINI LAYOUT,
                    BANGALORE - 560 096
                                                             ...APPELLANT
              (APPELLANT ABSENT)
              AND:

              1.    SRI. GOVINDAPPA,
                    S/O NANJAPPA,
                    CHENNANAYAKANA PALYA,
                    YESHWANTPUR HOBLI,
                    BANGALORE NORTH TALUK - 560 022.
Digitally
signed by R
MANJUNATHA    2.    SRI. NARAYANAPPA,
Location:           S/O ERA POTHALAPPA,
HIGH COURT          BAGALKUNTE VILLAGE,
OF
KARNATAKA           YESHWANTHPUR HOBLI,
                    BANGALORE NORTH TALUK - 560 022.
                                                          ...RESPONDENTS

              (BY SRI. RAMESH ANANTHAN., ADVOCATE FOR R1;
                  SRI. D. BOREGOWDA, ADVOCATE FOR R2;
                  VIDE ORDER DATED 25.10.2023 APPEAL STANDS
                  DISMISSED AS AGAINST R1 AS ABATED)
                              -2-
                                          NC: 2023:KHC:44008
                                       RFA No. 2410 of 2007




      THIS RFA IS FILED UNDER SECTION 96 R/W O 41 R 1 OF
CPC AGAINST THE JUDGMENT AND DECREE DATED:05.09.2007
PASSED IN O.S.NO.2723/1995 ON THE FILE OF V ADDL. CITY
CVIIL AND SESS. JUDGE, BANGALORE, DECREEING THE SUIT
FOR DECLARATION AND PERMANENT INJUNCTION.

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

COURT DELIVERED THE FOLLOWING:

                          ORDER

This Court issued Court notice to the appellant by

way of abundant caution, taking note of the fact that

learned counsel for appellant was permitted to retire from

the case.

2. The Court notice has been returned with an

endorsement 'insufficient address'.

3. Accordingly, left with no other alternative, appeal

stands dismissed for non prosecution.

Sd/-

JUDGE KAV