Smt Nanjamma vs Sri Venkatappa
2023 Latest Caselaw 9669 Kant

Karnataka High Court

Smt Nanjamma vs Sri Venkatappa on 7 December, 2023

Author: V Srishananda

Bench: V Srishananda

                                                 -1-
                                                              NC: 2023:KHC:44451
                                                             RFA No. 942 of 2008




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 7TH DAY OF DECEMBER, 2023

                                                BEFORE
                             THE HON'BLE MR JUSTICE V SRISHANANDA

                           REGULAR FIRST APPEAL NO. 942 OF 2008 (SP)

                   BETWEEN:
                   1.   SMT. NANJAMMA,
                        W/O. LATE SRI. CHIKKANNA,
                        AGED ABOUT 70 YEARS.

                   2.   SRI. BASAVARAJ,
                        S/O. LATE SRI. CHIKKANNA,
                        AGED ABOUT 55 YEARS.

                   BOTH ARE RESIDING AT
                   KODIGEHALLI, YELAHANKA HOBLI,
                   BANGALORE NORTH TALUK.

                                                                    ...APPELLANTS
                   (BY SRI: C. PRADEEP, ADVOCATE (ABSENT))

                   AND:
                   1.   SRI. VENKATAPPA,
Digitally signed
by PAVITHRA N           S/O. SRI. PUTTAIAH
Location: High          (PUJARI ANNAMMADEVI TEMPLE)
Court Of                AGED 70 YEARS,
Karnataka
                   2.   SRI. RAMA,
                        S/O. SRI. VENKATAPPA,
                        AGED 50 YEARS,

                   3.   SRI. JAGADISH,
                        S/O. SRI. VENKATAPPA,
                        AGED 45 YEARS,

                   4.   SRI. MANJU,
                        S/O. SRI. VENKATAPPA,
                        AGED 40 YEARS,
                                -2-
                                               NC: 2023:KHC:44451
                                              RFA No. 942 of 2008




5.    SMT. JAYAMMA,
      W/O. SRI. VENKATAPPA
      AGED 65 YEARS.

ALL ARE RESIDING AT
KODIGEHALLI, HELAHANKA HOBLI,
BANGALORE NORTH TALUK.

                                                   ...RESPONDENTS
(BY SRI: M.N. BALAKRISHNA, ADVOCATE
      FOR C/RESPONDENTS CP NO.567/98)

      THIS RFA FILED U/S 96 OF THE CPC AGAINST THE JUDGMENT
AND DECREE DT. 9.4.08 PASSED IN OS NO.3818/91 ON THE FILE OF
THE XI ADDL. CITY CIVIL JUDGE, BANGALORE, DISMISSING THE
SUIT FOR SPECIFIC PERFORMANCE OF SALE AGREEMENT.

     THIS RFA, COMING ON FOR FINAL HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:



                            JUDGMENT

Case called twice. None appears on behalf of the

appellants.

2. The order sheet discloses that the appellants are

not interested in prosecuting the appeal diligently.

On 09.06.2023, this Court granted a week's time for the

appellants to address the arguments noting non appearance on

behalf of the appellants.

3. Again on 11.07.2023, there was no representation

and the matter was adjourned.

NC: 2023:KHC:44451

4. On 12.10.2023 also there was no representation

and this Court suo-moto adjourned the matter. Even on

22.11.2023, there was no representation on behalf of the

appellants.

5. The present appeal arises against dismissal of the

suit filed by the plaintiffs in the year 1991. Even after lapse of

32 years, the plaintiffs/appellants are not interested in

prosecuting the appeal.

Hence, left with no alternative, the appeal stands

dismissed for non-prosecution.

Sd/-

JUDGE

PN