C M Appachchu S/O P.C.Muthanna vs Rama Rao S/O Durgappa Jannu
2023 Latest Caselaw 9684 Kant

Karnataka High Court

C M Appachchu S/O P.C.Muthanna vs Rama Rao S/O Durgappa Jannu on 7 December, 2023

Author: V Srishananda

Bench: V Srishananda

                                              -1-
                                                          NC: 2023:KHC:44450
                                                         RFA No. 827 of 2006




                      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. 827 OF 2006 (INJ)

              BETWEEN:
              C.M. APPACHCHU
              S/O P.C. MUTHANNA,
              AGED ABOUT 49 YEARS,
              RESIDING AT NO.1118,
              1ST HOUSE, 5TH CROSS,
              K.N. EXTENSION, YESHWANTHAPURA,
              BENGALURU, REPRESENTED BY
              POWER OF ATTORNEY HOLDER
              B.T. MURARAPPA
              S/O LATE THIMMAIAH,
              AGED ABOUT 48 YEARS,
              NO.269, 8TH MAIN, 6TH A CROSS,
              RPC LAYOUT, VIJAYANAGARA,
              BENGALURU.
                                                                 ...APPELLANT
              (BY SRI: A.V. GANGADHARAPPA, ADVOCATE (ABSENT))

              AND:
Digitally
signed by R
MANJUNATHA    1.       RAMA RAO
Location:              S/O DURGAPPA JANNU,
HIGH COURT
OF                     SINCE DEAD BY LRS.
KARNATAKA
              1(A).    SMT. SHARADAMMA
                       W/O LATE RAMA RAO,
                       AGED ABOUT 63 YEARS,

              1(B).    SMT. SASIKALA
                       D/O LATE RAMA RAO,
                       AGED ABOUT 44 YEARS,
                       (APPEAL STOOD ABATED AS AGAINST
                       RESPONDENT NO.1(B) VIDE ORDER
                       DATED 17/11/2023)
                                -2-
                                           NC: 2023:KHC:44450
                                          RFA No. 827 of 2006




1(C).   SMT. CHAMPA
        D/O LATE RAMA RAO,
        AGED ABOUT 42 YEARS,
        (APPEAL STOOD ABATED AS AGAINST
        RESPONDENT NO.1(C) VIDE ORDER
        DATED 17/11/2023)

1(D). SMT. ASHA
      D/O LATE RAMA RAO,
      AGED ABOUT 36 YEARS,

1(E).   UDAY
        D/O LATE RAMA RAO,
        AGED ABOUT 39 YEARS,

1(F).   VASANTH
        D/O LATE RAMA RAO,
        AGED ABOUT 34 YEARS,

ALL ARE RESIDENTS OF NO.43,
10TH ROAD, 10TH CROSS,
I MAIN, SANJEEVININAGAR,
MOODALAPALYA,
BENGALURU - 560 072.

                                               ...RESPONDENTS
(BY SRI: .N.B. NIJALINGAPPA, ADVOCATE FOR R1(E)
    VIDE R(J) CIRCULAR NO.126/2021 DTD: 25/11/2021
    P'SD R1 (A, D & F) ARE SERVED
    V/O DTD: 17/11/2023 APPEAL AGAINST R1(B & C)
    STANDS DISMISSED AS ABATED)

      THIS RFA IS FILED U/S.96 OF CPC AGAINST THE JUDGMENT
AND DECREE DT.16.1.2006 PASSED IN O.S.NO.8011/96 ON THE
FILE OF THE XVII ADDL. CITY CIVIL JUDGE, BANGALORE (CCH-16),
DISMISSING THE SUIT FOR PERMANENT INJUNCTION.



     THIS RFA, COMING ON FOR FINAL HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                              -3-
                                           NC: 2023:KHC:44450
                                          RFA No. 827 of 2006




                         JUDGMENT

None appears for the appellant, even in second round of

calling of cases.

Hence, appeal is dismissed for non-prosecution.

Sd/-

JUDGE

PN